Journal of the House - 61st Day - Sunday, May 21, 2017 - Top of Page 6535

STATE OF MINNESOTA

 

Journal of the House

 

NINETIETH SESSION - 2017

 

_____________________

 

SIXTY-FIRST DAY

 

Saint Paul, Minnesota, Sunday, May 21, 2017

 

 

      The House of Representatives convened at 11:00 a.m. and was called to order by Melissa Hortman, Speaker pro tempore.

 

      Prayer was offered by Representative Peggy Bennett, District 27A, Albert Lea, Minnesota.

 

      The members of the House gave the pledge of allegiance to the flag of the United States of America.

 

      The roll was called and the following members were present:

 


Albright

Allen

Anderson, P.

Anderson, S.

Anselmo

Applebaum

Backer

Bahr, C.

Baker

Barr, R.

Becker-Finn

Bennett

Bernardy

Bliss

Bly

Carlson, A.

Carlson, L.

Christensen

Clark

Considine

Cornish

Daniels

Davids

Davnie

Dean, M.

Dettmer

Drazkowski

Ecklund

Erickson

Fabian

Fenton

Fischer

Flanagan

Franke

Freiberg

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Jessup

Johnson, B.

Johnson, C.

Johnson, S.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Marquart

Masin

Maye Quade

McDonald

Metsa

Miller

Murphy, E.

Murphy, M.

Nash

Nelson

Neu

Newberger

Nornes

O'Driscoll

Olson

Omar

O'Neill

Pelowski

Peppin

Petersburg

Peterson

Pierson

Pinto

Poppe

Poston

Pryor

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sandstede

Sauke

Schomacker

Schultz

Scott

Slocum

Smith

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

West

Whelan

Wills

Youakim

Zerwas

Spk. Daudt


 

      A quorum was present.

 

      Franson and Hamilton were excused until 3:20 p.m.  Dehn, R., was excused until 3:25 p.m.  Mariani was excused until 3:30 p.m.  Moran was excused until 3:45 p.m.  Thissen was excused until 8:40 p.m.

 

      The Chief Clerk proceeded to read the Journal of the preceding day.  There being no objection, further reading of the Journal was dispensed with and the Journal was approved as corrected by the Chief Clerk.


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           Peppin moved that the House recess subject to the call of the Chair.  The motion prevailed.

 

 

RECESS

 

 

RECONVENED

 

      The House reconvened and was called to order by Speaker pro tempore Albright.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

Drazkowski; Hertaus; Whelan; Lohmer; Green; Quam; Scott; Pugh; Bahr, C.; McDonald; Newberger and Lucero introduced:

 

H. F. No. 2716, A bill for an act relating to taxation; eliminating income and business taxes and replacing the sales tax with a fair tax; amending Minnesota Statutes 2016, sections 297A.61, subdivisions 2, 7, 24; 297A.62, subdivisions 1, 1a; 297A.63, by adding a subdivision; 297A.66, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 297A; repealing Minnesota Statutes 2016, sections 290.01, subdivisions 1, 1a, 2, 3, 3a, 3b, 4, 4a, 4c, 5, 5a, 5b, 6, 7, 7a, 7b, 8, 8a, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, as amended, 20, 22, 29, 29a, 30, 31, as amended; 290.0131, as amended; 290.0132; 290.0133, as amended; 290.0134; 290.0135; 290.0136; 290.014; 290.015; 290.02; 290.03; 290.032, subdivisions 1, 2, 3; 290.04; 290.05, subdivisions 1, 2, 3, 4, 8; 290.06, subdivisions 1, 2c, 2d, 22, 23, 27, 28, 29, 33, 35, 36; 290.067, subdivisions 1, 2, 2a, 2b, 3, 4; 290.0671, subdivisions 1, as amended, 1a, 2, 4, 5, 6, 6a, 7; 290.0672; 290.0674, subdivisions 1, 2, 4, 5; 290.0675, subdivisions 1, 2, 3, 4; 290.0677; 290.0679; 290.068, subdivisions 1, 2, 3, 4, 5, 6a, 7; 290.0681; 290.0685; 290.0692; 290.07, subdivisions 1, 2, 4, 7; 290.0802; 290.081; 290.091; 290.0921, subdivisions 1, 2, 3, 3a, 4, 6, 8; 290.0922; 290.093; 290.095, subdivisions 1, 2, 3, 4, 5, 9, 11; 290.10; 290.17, subdivisions 1, 2, 3, 4, 5, 6; 290.172; 290.191, subdivisions 1, 2, 3, 5, 6, 8, 9, 10, 11, 12; 290.20; 290.21, subdivisions 1, 4; 290.22; 290.26, subdivision 6; 290.281, subdivision 1; 290.30; 290.31, subdivisions 1, 27; 290.311, subdivision 1; 290.32; 290.34, subdivisions 1, 2; 290.36; 290.371, subdivisions 1, 2, 3, 4; 290.431; 290.432; 290.48, subdivision 10; 290.491; 290.62; 290.92, subdivisions 1, 2a, 3, 4, 4a, 4b, 4c, 5, 5a, 9, 10, 12, 16, 17, 19, 20, 21, 24, 25, 26, 27, 28, 29, 30; 290.9201, subdivisions 1, 2, 6, 7, 8, 11; 290.923, subdivisions 1, 2, 3, 4, 5, 6, 8, 9, 10, 11; 290.9705, subdivisions 1, 3, 4; 290.9725; 290.9726, subdivisions 1, 2, 4; 290.9727; 290.9728; 290.9729; 290.9741; 290.9742; 290.9743; 290.9744; 297A.61, subdivisions 3, 4, 10, 12, 13, 16a, 16b, 16c, 17, 17a, 17b, 18, 25, 26, 30, 31, 32, 33, 34, 35, 36, 37, 39, 40, 41, 42, 44, 45, 46, 49; 297A.62, subdivision 3; 297A.63, subdivision 2; 297A.64; 297A.65; 297A.67, subdivisions 1, 2, 3, 4, 5, 6, 7, 7a, 8, 9, 10, 11, 12, 13, 13a, 14, 15, 16, 17, 18, 19, 20, 21, 23, 25, 26, 27, 28, 29, 30, 31, 32, 33; 297A.68, subdivisions 1, 2, 3, 3a, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 19, 20, 22, 23, 24, 25, 28, 29, 30, 31, 32, 33, 34, 35a, 36, 37, 39, 40, 42, 43, 44; 297A.69, subdivisions 1, 2, 3, 4, 6, 7; 297A.70; 297A.71, subdivisions 1, 3, 6, 8, 11, 12, 13, 14, 22, 23, 34, 35, 40, 43, 44, 45, 48; 297A.75; 297D.01; 297D.02; 297D.03; 297D.04; 297D.05; 297D.06; 297D.07; 297D.08; 297D.085; 297D.09; 297D.10; 297D.11; 297D.12; 297D.13; 297F.01; 297F.02; 297F.03; 297F.031; 297F.04; 297F.05; 297F.06; 297F.07; 297F.08, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 8a, 9, 10, 12, 13; 297F.09, subdivisions 1, 2, 3, 4, 4a, 5, 7, 8, 9, 10; 297F.10; 297F.11; 297F.12; 297F.13; 297F.14; 297F.15, subdivisions 9, 10; 297F.17; 297F.18; 297F.185; 297F.19, subdivisions 1, 2, 3, 5, 6, 7, 8, 9; 297F.20; 297F.21, subdivisions 1, 2, 3; 297F.23; 297F.24; 297F.25; 297G.01; 297G.02; 297G.03; 297G.031; 297G.032; 297G.04; 297G.05; 297G.06; 297G.07; 297G.08; 297G.09, subdivisions 1, 2, 3, 4, 6, 7, 8, 9, 10; 297G.10; 297G.11; 297G.12; 297G.13; 297G.14, subdivision 9; 297G.16; 297G.17; 297G.18, subdivisions 1, 2, 3, 5, 6, 7, 8, 9, 10, 11; 297G.19; 297G.20,


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subdivisions 1, 2, 3, 4; 297G.22; 297H.01; 297H.02; 297H.03; 297H.04; 297H.05; 297H.06; 297H.07; 297H.08; 297H.09; 297H.10, subdivision 1; 297H.11; 297H.115; 297H.12; 297H.13, subdivisions 1, 2, 5; 297I.01; 297I.05, subdivisions 1, 2, 3, 4, 5, 7, 11, 12, as amended, 13, 14; 297I.06; 297I.10, subdivisions 1, 3, 4; 297I.11; 297I.15; 297I.20; 297I.25; 297I.30, subdivisions 1, 2, 7, 8, 9, 10; 297I.35; 297I.40; 297I.60; 297I.65; 297I.70; 297I.75; 297I.80; 297I.85; 297I.90.

 

The bill was read for the first time and referred to the Committee on Taxes.

 

 

Swedzinski introduced:

 

H. F. No. 2717, A bill for an act relating to agriculture; establishing a grain credit contract indemnity program; increasing bond amounts for licensed grain buyers; dedicating a portion of sales tax revenue derived from the sale of grain bins; eliminating the sales tax on grain bins; establishing a gross receipts tax for grain bins to fund the indemnity payments if program funding falls below a threshold amount; appropriating money; amending Minnesota Statutes 2016, sections 223.15; 223.16, subdivision 1; 223.17, subdivision 4; 223.19; 297A.61, subdivision 12; proposing coding for new law in Minnesota Statutes, chapters 223; 295.

 

The bill was read for the first time and referred to the Committee on Agriculture Policy.

 

 

Albright introduced:

 

H. F. No. 2718, A bill for an act relating to capital investment; appropriating money for Camp Kici Yapi in Prior Lake.

 

The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.

 

 

Miller and Baker introduced:

 

H. F. No. 2719, A bill for an act relating to public safety; modifying provisions governing the excavation notice system; amending Minnesota Statutes 2016, sections 216D.03, by adding a subdivision; 216D.05; 216D.06, subdivisions 1, 2.

 

The bill was read for the first time and referred to the Committee on Transportation and Regional Governance Policy.

 

 

Lee; Wagenius; Dehn, R.; Maye Quade; Davnie; Loeffler; Clark; Omar; Fischer; Hornstein; Moran; Thissen; Hausman; Johnson, S.; Hansen; Mahoney and Freiberg introduced:

 

H. F. No. 2720, A bill for an act relating to environment; prioritizing bus upgrades to areas with poor air quality; proposing coding for new law in Minnesota Statutes, chapter 116.

 

The bill was read for the first time and referred to the Committee on Transportation and Regional Governance Policy.


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CALENDAR FOR THE DAY

 

 

      S. F. No. 514 was reported to the House.

 

 

Fenton moved to amend S. F. No. 514, the fifth engrossment, as follows:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

ELECTION ADMINISTRATION

 

Section 1.  Minnesota Statutes 2016, section 3.088, subdivision 1, is amended to read:

 

Subdivision 1.  Leave of absence without pay.  Subject to this section, any appointed officer or employee of a political subdivision, municipal corporation, or school district of the state or an institution of learning maintained by the state who serves as a legislator or is elected to a full-time city or county office or to an Indian tribal council in Minnesota is entitled to a leave of absence from the public office or to employment without pay when on the business of the office, with right of reinstatement as provided in this section.

 

Sec. 2.  Minnesota Statutes 2016, section 3.088, subdivision 2, is amended to read:

 

Subd. 2.  Reinstatement.  Except as provided in this section, upon the completion of the last legislative day in each calendar year, or, in the case of an elected city or, county, or tribal council official, on the completion of the final day of the term to which the official was elected, the officer or employee shall be reinstated in the public position held at the time of entry into the legislature or taking city or, county, or tribal council office, or be placed in a public position of like seniority, status, and pay if it is available at the same salary which would have been received if the leave had not been taken, upon the following conditions:

 

(1) that the position has not been abolished or that its term, if limited, has not expired;

 

(2) that the legislator makes a written application for reinstatement to the appointing authority within 30 days after the last legislative day in a calendar year or, in the case of an elected city or, county, or tribal council official, within 30 days after the expiration of the elected term; and

 

(3) that the request for reinstatement is made not later than ten years after the granting of the leave.

 

Upon reinstatement, the officer or employee shall have the same rights with respect to accrued and future seniority status, efficiency rating, vacation, insurance benefits, sick leave, and other benefits as if actually employed during the time of the leave.  No public employer is required to compensate a reinstated employee or officer for time spent by that employee or officer away from work for the employer and on the business of the state legislature during the period between the first and last legislative day in each calendar year or on the business of an elected city or, county, or tribal council office.  No officer or employee reinstated shall be removed or discharged within one year after reinstatement except for cause and after notice and hearing, but this does not extend a term of service limited by law.

 

Sec. 3.  Minnesota Statutes 2016, section 3.088, subdivision 3, is amended to read:

 

Subd. 3.  Pension and retirement rights.  A public officer or employee who receives leave of absence under this section or is elected as a state constitutional officer and has rights in a state, municipal, or other public pension, retirement, or relief system shall retain all the rights accrued up to the time of taking leave.  Time spent by the


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employee as a member of the legislature or as an elected city or, county, or tribal council official or state constitutional officer shall be calculated in the same manner as if the employee had spent that time in the service of the public employer for the purpose of determining vesting of the employee's rights in the employer's pension, retirement, or relief system.  Under no circumstances shall two governmental units pay the employee's share of pension contributions when the employee is on leave of absence to serve in the legislature or as an elected city or, county, or tribal council official.

 

Sec. 4.  Minnesota Statutes 2016, section 13.15, subdivision 4, is amended to read:

 

Subd. 4.  Use of electronic access data.  Electronic access data may be disseminated:

 

(1) to the commissioner for the purpose of evaluating electronic government services;

 

(2) to another government entity or a federal law enforcement agency to prevent or report unlawful intrusions into government electronic systems; or

 

(3) as otherwise provided by law.

 

Sec. 5.  Minnesota Statutes 2016, section 13.6905, subdivision 33, is amended to read:

 

Subd. 33.  Citizenship data; voter registration.  The use of citizenship data reported to the secretary of state is governed by section 201.158 201.145.

 

Sec. 6.  Minnesota Statutes 2016, section 13.841, subdivision 3, is amended to read:

 

Subd. 3.  Felony conviction data; voter registration.  Felony conviction data reported to the secretary of state is governed by section 201.155 201.145.

 

Sec. 7.  Minnesota Statutes 2016, section 13.851, subdivision 10, is amended to read:

 

Subd. 10.  Felony offender data; voter registration.  The use of felony offender data made available to the secretary of state is governed by section 201.157 201.145.

 

Sec. 8.  Minnesota Statutes 2016, section 123B.09, subdivision 5b, is amended to read:

 

Subd. 5b.  Appointments to fill vacancies; special elections.  (a) Any vacancy on the board, other than a vacancy described in subdivision 4, must be filled by board appointment at a regular or special meeting.  The appointment shall be evidenced by a resolution entered in the minutes and shall be effective 30 days following adoption of the resolution, subject to paragraph (b).  If the appointment becomes effective, it shall continue until an election is held under this subdivision.  All elections to fill vacancies shall be for the unexpired term.  A special election to fill the vacancy must be held no later than the first Tuesday after the first Monday in November following the vacancy.  If the vacancy occurs less than 90 days prior to the first Tuesday after the first Monday in November in the year in which the vacancy occurs, the special election must be held no later than the first Tuesday after the first Monday in November of the following calendar year.  If the vacancy occurs less than 90 days prior to the first Tuesday after the first Monday in November in the third year of the term, no special election is required.  If the vacancy is filled by a special election, the person elected at that election for the ensuing term shall take office immediately after receiving the certificate of election, filing the bond, and taking the oath of office.

 

(b) An appointment made under paragraph (a) shall not be effective if a petition to reject the appointee is filed with the school district clerk.  To be valid, a petition to reject an appointee must be signed by a number of eligible voters residing in the district equal to at least five percent of the total number of voters voting in the district at the


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most recent state general election, and must be filed within 30 days of the board's adoption of the resolution making the appointment.  If a valid petition is filed according to the requirements of this paragraph, the appointment by the school board is ineffective and the board must name a new appointee as provided in paragraph (a).

 

Sec. 9.  Minnesota Statutes 2016, section 200.02, is amended by adding a subdivision to read:

 

Subd. 29.  Original signature.  "Original signature" does not include an electronic signature.

 

Sec. 10.  Minnesota Statutes 2016, section 201.121, subdivision 1, is amended to read:

 

Subdivision 1.  Entry of registration information.  (a) At the time a voter registration application is properly completed, submitted, and received in accordance with sections 201.061 and 201.071, the county auditor shall enter the information contained on it into the statewide registration system.  Voter registration applications completed before election day must be entered into the statewide registration system within ten days after they have been submitted to the county auditor.  Voter registration applications completed on election day must be entered into the statewide registration system within 42 days after the election, unless the county auditor notifies the secretary of state before the 42-day deadline has expired that the deadline will not be met.  Upon receipt of a notification under this paragraph, the secretary of state must extend the deadline for that county auditor by an additional 28 days.  The secretary of state may waive a county's obligations under this paragraph if, on good cause shown, the county demonstrates its permanent inability to comply.

 

The secretary of state must post data on each county's compliance with this paragraph on the secretary of state's Web site including, as applicable, the date each county fully complied or the deadline by which a county's compliance must be complete.

 

(b) Upon receiving a completed voter registration application, the secretary of state may electronically transmit the information on the application to the appropriate county auditor as soon as possible for review by the county auditor before final entry into the statewide registration system.  The secretary of state may mail the voter registration application to the county auditor.

 

(c) Within ten days after the county auditor has entered information from a voter registration application into the statewide registration system, the secretary of state shall compare the voter's name, date of birth, and driver's license number, state identification number, or the last four digits of the Social Security number with the same information contained in the Department of Public Safety database.

 

(d) The secretary of state shall provide a report to the county auditor on a weekly basis that includes a list of voters whose name, date of birth, or identification number have been compared with the same information in the Department of Public Safety database and cannot be verified as provided in this subdivision.  The report must list separately those voters who have submitted a voter registration application by mail and have not voted in a federal election in this state.

 

(e) The county auditor shall compile a list of voters for whom the county auditor and the secretary of state are unable to conclude that information on the voter registration application and the corresponding information in the Department of Public Safety database relate to the same person.

 

(f) The county auditor shall send a notice of incomplete registration to any voter whose name appears on the list and change the voter's status to "incomplete."  A voter who receives a notice of incomplete registration from the county auditor may either provide the information required to complete the registration at least 21 days before the next election or at the polling place on election day.


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Sec. 11.  Minnesota Statutes 2016, section 201.121, subdivision 3, is amended to read:

 

Subd. 3.  Postelection sampling.  (a) Within ten days after an election, the county auditor shall send the notice required by subdivision 2 to a random sampling of the individuals registered on election day.  The random sampling shall be determined in accordance with the rules of the secretary of state.  As soon as practicable after the election, the county auditor shall mail the notice required by subdivision 2 to all other individuals registered on election day.  If a notice is returned as not deliverable, the county auditor shall attempt to determine the reason for the return.  A county auditor who does not receive or obtain satisfactory proof of an individual's eligibility to vote shall immediately notify the county attorney of all of the relevant information and the secretary of state of the numbers by precinct.  The county auditor must notify the secretary of state of the following information by each precinct:

 

(1) the total number of all notices that were returned as nondeliverable;

 

(2) the total number of nondeliverable notices that the county auditor was able to determine the reason for the return along with the reason for each return; and

 

(3) the total number of individuals for whom the county auditor does not receive or obtain satisfactory proof of an individual's eligibility to vote.

 

(b) By March 1 of every odd-numbered year, the secretary of state shall report to the chair and ranking minority members of the legislative committees with jurisdiction over elections the number of notices reported under this subdivision to the secretary of state for the previous state general election by county and precinct. following information by each precinct and each county:

 

(1) the total number of all notices that were returned as nondeliverable;

 

(2) the total number of nondeliverable notices that a county auditor was able to determine the reason for the return along with the reason for each return; and

 

(3) the total number of individuals for whom the county auditor does not receive or obtain satisfactory proof of an individual's eligibility to vote.

 

Sec. 12.  [201.145] REPORTS ON GUARDIANSHIPS, LEGAL INCOMPETENCE, FELONY CONVICTIONS, AND CITIZENSHIP; STATUS CHANGES.

 

Subdivision 1.  Report requirements.  Reports required by this section must be submitted to the secretary of state as provided in this section.  Reports from the state court administrator that are required under this section must be made on a daily basis, excluding weekends and holidays.  Reports from the commissioner of corrections and the commissioner of public safety that are required under this section must be made to the secretary of state at least monthly.  Reports must be submitted by electronic means.  Reports from the commissioner of corrections and the commissioner of public safety must include a complete list of each individual under the reporting entity's jurisdiction and must not provide only the changes since the last report.

 

Subd. 2.  State court administrator report.  (a) The state court administrator must report on individuals 17 years of age or older who are under a guardianship in which a court order revokes the ward's right to vote or where the court has found the individual to be legally incompetent to vote.

 

(b) The state court administrator must report on individuals transferred to the jurisdiction of the court who meet a condition specified in paragraph (a).


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(c) Each report required under this subdivision must include the following information for each individual in the report:  name, address, date of birth, and, if available, last four digits of the Social Security number and driver's license or state identification card number.

 

(d) No later than seven calendar days after receiving a report under this subdivision, the secretary of state must determine if a person identified under paragraphs (a) and (b) is registered to vote and must prepare a list of those registrants for the county auditor.  No later than seven calendar days after receiving the list from the secretary of state, the county auditor must challenge the status on the record in the statewide voter registration system of each individual named in the list.

 

Subd. 3.  Commissioner of corrections report; state court administrator report.  (a) The state court administrator must report on individuals 17 years of age or older who have been convicted of a felony.

 

(b) The commissioner of corrections must report on individuals 17 years of age or older who are currently:

 

(1) serving felony sentences under the commissioner's jurisdiction; or

 

(2) on probation for felony offenses that resulted in the loss of civil rights, as indicated by the statewide supervision system established under section 241.065.

 

(c) Each report under this subdivision must include the following information for each individual:  name, address or last known residential address that is not a correctional facility, and date of birth.  If available, each report must also include the individual's:  corrections' state identification number, last four digits of the Social Security number, driver's license or state identification card number, date of sentence, effective date of the sentence, county in which the conviction occurred, and date of discharge.

 

(d) No later than seven calendar days after receiving a report under this subdivision, the secretary of state must determine if a person identified under paragraph (a) is registered to vote and must prepare a list of those registrants for the county auditor.  No later than seven calendar days after receiving a report under this subdivision, the secretary of state must determine if any data newly indicates that a person identified under paragraph (b) is registered to vote and must prepare a list of those registrants for the county auditor.  No later than seven calendar days after receiving the list from the secretary of state, the county auditor must challenge the status on the record in the statewide voter registration system of each individual named in the list.

 

(e) The county auditor must identify an individual who registered to vote or voted while serving a felony sentence under the commissioner's jurisdiction or while on probation for a felony offense that resulted in the loss of civil rights during a period when the individual's civil rights were revoked.  The county auditor must immediately send notice to the county attorney.  The notice must include the name of the individual and any other identifying information as well as the evidence that shows the individual registered to vote or voted during the period when the individual's civil rights were revoked.

 

Subd. 4.  Reports; restoration of right to vote.  (a) The state court administrator must report on each individual whose guardianship was modified to restore the ward's right to vote or whose guardianship was terminated by order of the court under section 524.5-317 after being ineligible to vote for any of the reasons specified in subdivision 2, paragraph (a).

 

(b) The state court administrator must report on individuals previously convicted of a felony whose civil rights have been restored.


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(c) The commissioner of corrections must report on individuals who were serving a felony sentence under the commissioner's jurisdiction or who were on probation for a felony offense under the commissioner's jurisdiction that resulted in the loss of civil rights but who have been discharged from the sentence.

 

(d) Each report under this subdivision must include the following information for each individual:  name, address, date of birth, and, if available, the last four digits of the Social Security number.  For reports required by paragraphs (b) and (c), each report must also include the individual's, if available:  corrections' state identification number, driver's license or state identification card number, date of sentence, effective date of the sentence, county in which the conviction occurred, and date of discharge.

 

(e) No later than seven calendar days after receiving a report under this subdivision, the secretary of state must determine if a person identified under paragraph (a) or (b) is registered to vote and must prepare a list of those registrants for the county auditor.  No later than seven calendar days after receiving a report under this subdivision, the secretary of state must determine if any data newly indicates that a person identified under paragraph (c) is registered to vote and must prepare a list of those registrants for the county auditor.  No later than seven calendar days after receiving the list from the secretary of state, the county auditor must remove the challenge status on the record in the statewide voter registration system of each individual named in the list.

 

Subd. 5.  Commissioner of public safety report.  (a) The commissioner of public safety must report on individuals identified by department data as having temporary lawful status in the United States.

 

(b) The report under this section must include the following information for each individual:  name, address, date of birth, driver's license or state identification card number, and, if available, last four digits of the Social Security number.

 

(c) No later than seven calendar days after receiving a report under this subdivision, the secretary of state must determine if any data newly indicates that a person identified under paragraph (a) is registered to vote and prepare a list of those voters for the county auditor.  Within seven calendar days of receiving the list from the secretary of state, the county auditor must challenge the status on the record in the statewide voter registration system of each individual named in the list.

 

(d) The county auditor must also immediately send notice to the county attorney of each individual identified in paragraph (c).  The notice must include the name of the individual and any other identifying information as well as the evidence that shows the individual registered to vote or voted and is not a citizen.

 

EFFECTIVE DATE.  This section is effective July 1, 2017, and applies to reports received by the secretary of state on or after that date.

 

Sec. 13.  Minnesota Statutes 2016, section 204B.09, subdivision 3, is amended to read:

 

Subd. 3.  Write-in candidates.  (a) A candidate for county, state, or federal office who wants write-in votes for the candidate to be counted must file a written request with the filing office for the office sought not more than 84 days before the primary and no later than the seventh day before the general election.  The filing officer shall provide copies of the form to make the request.  No written request shall be accepted later than 5:00 p.m. on the last day for filing a written request.

 

(b) A candidate for president of the United States who files a request under this subdivision must include the name of a candidate for vice-president of the United States.  The request must also include the name of at least one candidate for presidential elector.  The total number of names of candidates for presidential elector on the request may not exceed the total number of electoral votes to be cast by Minnesota in the presidential election.


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(c) A candidate for governor who files a request under this subdivision must include the name of a candidate for lieutenant governor.

 

Sec. 14.  Minnesota Statutes 2016, section 204B.16, subdivision 1a, is amended to read:

 

Subd. 1a.  Notice to voters.  If the location of a polling place has been changed, the governing body establishing the polling place shall send to every affected household with at least one registered voter in the precinct a nonforwardable mailed notice stating the location of the new polling place at least 25 days before the next election.  The secretary of state shall prepare a sample of this notice.  A notice that is returned as undeliverable must be forwarded immediately to the county auditor.  This subdivision does not apply to a polling place location that is changed on election day under section 204B.17 204B.175.

 

Sec. 15.  Minnesota Statutes 2016, section 204B.21, is amended to read:

 

204B.21 APPOINTMENT OF ELECTION JUDGES.

 

Subdivision 1.  Appointment lists; duties of political parties and secretary of state.  On May 1 in a year in which there is an election for a partisan political office, each major political party shall prepare a list of eligible voters to act as election judges in each election precinct.  The list provided by the party must indicate which eligible voters are willing to travel to a precinct outside of their home jurisdiction to act as an election judge, and the jurisdictions to which each eligible voter is willing to travel for that purpose.  The political parties shall furnish the lists electronically to the secretary of state, in a format specified by the secretary of state.  The secretary of state must combine the data received from each political party under this subdivision and must process the data to locate the precinct in which the address provided for each potential election judge is located.  If the data submitted by a political party is insufficient for the secretary of state to locate the proper precinct, the associated name must not appear in any list forwarded to an appointing authority under this subdivision.  The secretary of state shall notify political parties of any proposed election judges with addresses that could not be located in a precinct.

 

By May 15, the secretary of state shall furnish electronically to the county auditor a list of the appropriate names for each election precinct in the jurisdiction of the appointing authority, and a list of the names of individuals residing outside of the jurisdiction who indicated a willingness to travel to that jurisdiction to act as an election judge, noting the political party affiliation of each individual on the list.  The county auditor must promptly forward the appropriate names to the appropriate municipal clerk.

 

Subd. 2.  Appointing authority; powers and duties.  Election judges for precincts in a municipality shall be appointed by the governing body of the municipality.  Election judges for precincts in unorganized territory and for performing election-related duties assigned by the county auditor shall be appointed by the county board.  Election judges for a precinct composed of two or more municipalities must be appointed by the governing body of the municipality or municipalities responsible for appointing election judges as provided in the agreement to combine for election purposes.  Except as otherwise provided in this section, appointments shall be made from lists the list of voters who reside in each precinct, furnished pursuant to subdivision 1, subject to the eligibility requirements and other qualifications established or authorized under section 204B.19.  At least two election judges in each precinct must be affiliated with different major political parties.  If no lists have been furnished or if additional election judges are required after all listed names in that municipality have been exhausted, the appointing authority may appoint other individuals who meet the qualifications to serve as an election judge, including persons on the list furnished pursuant to subdivision 1 who indicated a willingness to travel to the municipality, and persons who are not affiliated with a major political party.  An individual who is appointed from a source other than the list furnished pursuant to subdivision 1 must provide to the appointing authority the individual's major political party affiliation or a statement that the individual does not affiliate with any major political party.  An individual who refuses to provide the individual's major political party affiliation or a statement that the individual does not affiliate with a major political party must not be appointed as an election judge.  The appointments shall be made at least 25 days


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before the election at which the election judges will serve, except that the appointing authority may pass a resolution authorizing the appointment of additional election judges within the 25 days before the election if the appointing authority determines that additional election judges will be required.

 

Subd. 3.  Access to election judge party affiliation.  Notwithstanding section 13.43, the major political party affiliation of an election judge or a statement that the judge does not affiliate with a major political party may be shared with other election judges assigned to the precinct at the same election, to verify compliance with party balance requirements.  This data may not be disclosed or used by the election judges for any other purpose.

 

Sec. 16.  Minnesota Statutes 2016, section 204B.31, subdivision 2, is amended to read:

 

Subd. 2.  Volunteer service; election judge travel.  (a) Any person appointed to serve as an election judge may elect to serve without payment by submitting a written statement to the appropriate governing body no later than ten days before the election.

 

(b) Subdivision 1 does not require the payment of mileage or other travel expenses to an election judge residing in another jurisdiction, if the election judge's name was included on the list of individuals who indicated a willingness to travel to another jurisdiction provided under section 204B.21, subdivision 1.

 

Sec. 17.  [204B.49] "I VOTED" STICKERS.

 

The secretary of state, county auditor, municipal clerk, school district clerk, or an election judge may provide a sticker containing the words "I VOTED," and nothing more, to an individual who:

 

(1) has successfully deposited a ballot into a ballot box, under section 203B.081, subdivision 3, or 204C.13, subdivision 5;

 

(2) is provided an absentee ballot under section 203B.07, subdivision 1, or 203B.21, subdivision 2; or

 

(3) is provided a ballot by mail under section 204B.45 or 204B.46.

 

Sec. 18.  Minnesota Statutes 2016, section 204C.10, is amended to read:

 

204C.10 PERMANENT REGISTRATION; VERIFICATION OF REGISTRATION.

 

(a) An individual seeking to vote shall sign a polling place roster or voter signature certificate which states that the individual is at least 18 years of age, a citizen of the United States, has resided in Minnesota for 20 days immediately preceding the election, maintains residence at the address shown, is not under a guardianship in which the court order revokes the individual's right to vote, has not been found by a court of law to be legally incompetent to vote or has the right to vote because, if the individual was convicted of a felony, the felony sentence has expired or been completed or the individual has been discharged from the sentence, is registered and has not already voted in the election.  The roster must also state:  "I understand that deliberately providing false information is a felony punishable by not more than five years imprisonment and a fine of not more than $10,000, or both."

 

(b) At the presidential nomination primary, the polling place roster must also state:  "I am in general agreement with the principles of the party for whose candidate I intend to vote, and I understand that my choice of a party's ballot will be public information."  This statement must appear separately from the statements required in paragraph (a).  The felony penalty provided for in paragraph (a) does not apply to this paragraph.

 

(c) A judge may, before the applicant signs the roster or voter signature certificate, confirm the applicant's name, address, and date of birth.


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(d) After the applicant signs the roster or voter signature certificate, the judge shall give the applicant a voter's receipt.  The voter shall deliver the voter's receipt to the judge in charge of ballots as proof of the voter's right to vote, and thereupon the judge shall hand to the voter the ballot.  The voters' receipts must be maintained during the time for notice of filing an election contest.

 

(e) Whenever a challenged status appears on the polling place roster, an election judge must ensure that the challenge is concealed or hidden from the view of any voter other than the voter whose status is challenged.

 

Sec. 19.  Minnesota Statutes 2016, section 204C.12, subdivision 1, is amended to read:

 

Subdivision 1.  Manner of challenging.  An election judge shall, and an authorized challenger or other voter may, challenge an individual whom the person knows or reasonably believes based on personal knowledge that the individual is not an eligible voter.

 

Sec. 20.  Minnesota Statutes 2016, section 204C.32, subdivision 2, is amended to read:

 

Subd. 2.  State canvass.  The State Canvassing Board shall meet at the secretary of state's office at a public meeting space located in the Capitol complex area seven days after the state primary to canvass the certified copies of the county canvassing board reports received from the county auditors.  Immediately after the canvassing board declares the results, the secretary of state shall certify the names of the nominees to the county auditors.  The secretary of state shall mail to each nominee a notice of nomination.

 

Sec. 21.  Minnesota Statutes 2016, section 204C.33, subdivision 3, is amended to read:

 

Subd. 3.  State canvass.  The State Canvassing Board shall meet at the secretary of state's office at a public meeting space located in the Capitol complex area on the third Tuesday following the state general election to canvass the certified copies of the county canvassing board reports received from the county auditors and shall prepare a report that states:

 

(a) (1) the number of individuals voting in the state and in each county;

 

(b) (2) the number of votes received by each of the candidates, specifying the counties in which they were cast; and

 

(c) (3) the number of votes counted for and against each constitutional amendment, specifying the counties in which they were cast.

 

All members of the State Canvassing Board shall sign the report and certify its correctness.  The State Canvassing Board shall declare the result within three days after completing the canvass.

 

Sec. 22.  Minnesota Statutes 2016, section 205.065, subdivision 5, is amended to read:

 

Subd. 5.  Results.  (a) The municipal primary shall be conducted and the returns made in the manner provided for the state primary so far as practicable.  If the primary is conducted:

 

(1) only within that municipality, a The canvass may be conducted on either the second or third day after the primary; or

 

(2) in conjunction with the state primary, the canvass must be conducted on the third day after the primary, except as otherwise provided in paragraph (b).


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The governing body of the municipality shall canvass the returns, and the two candidates for each office who receive the highest number of votes, or a number of candidates equal to twice the number of individuals to be elected to the office, who receive the highest number of votes, shall be the nominees for the office named.  Their names shall be certified to the municipal clerk who shall place them on the municipal general election ballot without partisan designation and without payment of an additional fee.

 

(b) Following a municipal primary as described in paragraph (a), clause (2), a canvass may be conducted on the second day after the primary if the county auditor of each county in which the municipality is located agrees to administratively review the municipality's primary voting statistics for accuracy and completeness within a time that permits the canvass to be conducted on that day.

 

Sec. 23.  Minnesota Statutes 2016, section 205.07, subdivision 1, is amended to read:

 

Subdivision 1.  Date of election.  The municipal general election in each city shall be held on the first Tuesday after the first Monday in November in every even-numbered year.  Notwithstanding any provision of law to the contrary and subject to the provisions of this section, the governing body of a city may, by ordinance passed at a regular meeting held before June 1 of any year, elect to at least 180 calendar days before the first day to file for candidacy in the next municipal election, decide to hold the election on the first Tuesday after the first Monday in November in each either an even- or odd-numbered year.  A city may hold elections in either the even-numbered year or the odd-numbered year, but not both.  When a city changes its elections from one year to another, and does not provide for the expiration of terms by ordinance, the term of an incumbent expiring at a time when no municipal election is held in the months immediately prior to expiration is extended until the date for taking office following the next scheduled municipal election.  If the change results in having three council members to be elected at a succeeding election, the two individuals receiving the highest vote shall serve for terms of four years and the individual receiving the third highest number of votes shall serve for a term of two years.  To provide an orderly transition to the odd or even year election plan, the governing body of the city may adopt supplementary ordinances regulating initial elections and officers to be chosen at the elections and shortening or lengthening the terms of incumbents and those elected at the initial election.  The term of office for the mayor may be either two or four years.  The term of office of council members is four years.  Whenever the time of the municipal election is changed, the city clerk immediately shall notify in writing the county auditor and secretary of state of the change of date.  Thereafter the municipal general election shall be held on the first Tuesday after the first Monday in November in each odd-numbered or even-numbered year until the ordinance is revoked and notification of the change is made.  A municipal general election scheduled to be held in an odd-numbered year may be postponed for inclement weather as provided in section 205.105.

 

Sec. 24.  Minnesota Statutes 2016, section 205A.05, subdivision 2, is amended to read:

 

Subd. 2.  Vacancies in school district offices.  Special elections to fill vacancies in elective school district offices shall be held in school districts pursuant to section 123B.095 123B.09, subdivision 5b.  When more than one vacancy exists in an office elected at-large, voters must be instructed to vote for up to the number of vacancies to be filled.

 

Sec. 25.  Minnesota Statutes 2016, section 206.805, subdivision 1, is amended to read:

 

Subdivision 1.  Contracts required.  (a) The secretary of state, with the assistance of the commissioner of administration, shall must establish one or more state voting systems contracts.  The contracts should, if practical, include provisions for maintenance of the equipment purchased.  The voting systems contracts must address precinct-based optical scan voting equipment, and ballot marking equipment for persons with disabilities and other voters assistive voting technology, automatic tabulating equipment, and electronic roster equipment.  The contracts must give the state a perpetual license to use and modify the software.  The contracts must include provisions to escrow the software source code, as provided in subdivision 2.  Bids for voting systems and related election services


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must be solicited from each vendor selling or leasing voting systems that have been certified for use by the secretary of state.  Bids for electronic roster equipment, software, and related services must be solicited from each vendor selling or leasing electronic roster equipment that meets the requirements of section 201.225, subdivision 2.  The contracts must be renewed from time to time.

 

(b) Counties and municipalities may purchase or lease voting systems and obtain related election services from the state contracts.  All counties and municipalities are members of the cooperative purchasing venture of the Department of Administration for the purpose of this section.  For the purpose of township elections, counties must aggregate orders under contracts negotiated under this section for products and services and may apportion the costs of those products and services proportionally among the townships receiving the products and services.  The county is not liable for the timely or accurate delivery of those products or services.

 

Sec. 26.  Minnesota Statutes 2016, section 208.04, subdivision 1, is amended to read:

 

Subdivision 1.  Form of presidential ballots.  When presidential electors and alternates are to be voted for, a vote cast for the party candidates for president and vice president shall be deemed a vote for that party's electors and alternates as filed with the secretary of state.  The secretary of state shall certify the names of all duly nominated presidential and vice presidential candidates to the county auditors of the counties of the state.  Each county auditor, subject to the rules of the secretary of state, shall cause the names of the candidates of each major political party and the candidates nominated by petition to be printed in capital letters, set in type of the same size and style as for candidates on the state general election ballot, before the party designation.  To the left of, and on the same line with the names of the candidates for president and vice president, near the margin, shall be placed a square or box an oval or similar target shape, in which the voters may indicate their choice by marking an "X".

 

The form for the presidential ballot and the relative position of the several candidates shall be determined by the rules applicable to other state officers.  The state ballot, with the required heading, shall be printed on the same piece of paper and shall be below the presidential ballot with a blank space between one inch in width.

 

Sec. 27.  Minnesota Statutes 2016, section 211B.11, subdivision 1, is amended to read:

 

Subdivision 1.  Soliciting near polling places.  A person may not display campaign material, post signs, ask, solicit, or in any manner try to induce or persuade a voter within a polling place or within 100 feet of the building in which a polling place is situated, or anywhere on the public property on which a polling place is situated, on primary or election day to vote for or refrain from voting for a candidate or ballot question.  A person may not provide political badges, political buttons, or other political insignia to be worn at or about the polling place on the day of a primary or election.  A political badge, political button, or other political insignia may not be worn at or about the polling place on primary or election day.  This section applies to areas established by the county auditor or municipal clerk for absentee voting as provided in chapter 203B.

 

The secretary of state, county auditor, municipal clerk, or school district clerk may provide stickers which contain the words "I VOTED" and nothing more.  Election judges may offer a sticker of this type to each voter who has signed the polling place roster or voter signature certificate Nothing in this subdivision prohibits the distribution of "I VOTED" stickers as provided in section 204B.49.

 

Sec. 28.  Minnesota Statutes 2016, section 241.065, subdivision 2, is amended to read:

 

Subd. 2.  Establishment.  The Department of Corrections shall administer and maintain a computerized data system for the purpose of assisting criminal justice agencies in monitoring and enforcing the conditions of conditional release imposed on criminal offenders by a sentencing court or the commissioner of corrections.  The adult data and juvenile data as defined in section 260B.171 in the statewide supervision system are private data as defined in section 13.02, subdivision 12, but are accessible to criminal justice agencies as defined in section 13.02,


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subdivision 3a, to the Minnesota sex offender program as provided in section 246B.04, subdivision 3, to public defenders as provided in section 611.272, to all trial courts and appellate courts, and to criminal justice agencies in other states in the conduct of their official duties.  Adult data in the statewide supervision system are accessible to the secretary of state for the purposes described in section 201.157 201.145.

 

Sec. 29.  REPEALER.

 

Minnesota Statutes 2016, sections 201.15; 201.155; 201.157; and 201.158, are repealed.

 

Sec. 30.  EFFECTIVE DATE.

 

This article is effective July 1, 2017.

 

ARTICLE 2

UNIFORM ELECTION DATES

 

Section 1.  Minnesota Statutes 2016, section 103B.545, subdivision 2, is amended to read:

 

Subd. 2.  Election.  The county board or joint county authority shall conduct a special election in July or August after receiving the referendum petition on a date authorized in section 205.10, subdivision 3a.  The special election must be held within the proposed lake improvement district.  The county auditor shall administer the special election.

 

Sec. 2.  Minnesota Statutes 2016, section 123A.46, subdivision 12, is amended to read:

 

Subd. 12.  Election date.  If an election is required under subdivision 11, then before the expiration of a 45 day period after the date of the order for dissolution and attachment, the auditor shall set a date and call the election by filing a written order for the election and serving a copy of the order personally or by mail on the clerk of the district in which the election is to be held.  The date shall be not less than 15 nor more than 30 days after the date of the order, upon which date a special election shall be held in the district proposed for dissolution and must be held on a date authorized in section 205A.05, subdivision 1a.  The auditor shall post and publish notice of the election according to law.  Upon receipt of the notice, the board shall conduct the election.

 

Sec. 3.  Minnesota Statutes 2016, section 123A.48, subdivision 14, is amended to read:

 

Subd. 14.  Election.  The board shall determine the date of the election as authorized by section 205A.05, subdivision 1a, the number of boundaries of voting precincts, and the location of the polling places where voting shall be conducted, and the hours the polls will be open.  The board shall also provide official ballots which must be used exclusively and shall be in the following form:  "Shall the (name of school district) and the (name of school district) be consolidated as proposed?  Yes ....  No ...."

 

The board must appoint election judges who shall act as clerks of election.  The ballots and results must be certified to the board who shall canvass and tabulate the total vote cast for and against the proposal.

 

Sec. 4.  Minnesota Statutes 2016, section 123B.63, subdivision 3, is amended to read:

 

Subd. 3.  Capital project levy referendum.  (a) A district may levy the local tax rate approved by a majority of the electors voting on the question to provide funds for an approved project.  The election must take place no more than five years before the estimated date of commencement of the project.  The referendum must be held on a date set by the board authorized by section 205A.05, subdivision 1a.  A district must meet the requirements of section


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123B.71 for projects funded under this section.  If a review and comment is required under section 123B.71, subdivision 8, a referendum for a project not receiving a positive review and comment by the commissioner must be approved by at least 60 percent of the voters at the election.

 

(b) The referendum may be called by the school board and may be held:

 

(1) separately, before an election for the issuance of obligations for the project under chapter 475; or

 

(2) in conjunction with an election for the issuance of obligations for the project under chapter 475; or

 

(3) notwithstanding section 475.59, as a conjunctive question authorizing both the capital project levy and the issuance of obligations for the project under chapter 475.  Any obligations authorized for a project may be issued within five years of the date of the election.

 

(c) The ballot must provide a general description of the proposed project, state the estimated total cost of the project, state whether the project has received a positive or negative review and comment from the commissioner, state the maximum amount of the capital project levy as a percentage of net tax capacity, state the amount that will be raised by that local tax rate in the first year it is to be levied, and state the maximum number of years that the levy authorization will apply.

 

The ballot must contain a textual portion with the information required in this section and a question stating substantially the following:

 

"Shall the capital project levy proposed by the board of .......... School District No. .......... be approved?"

 

If approved, the amount provided by the approved local tax rate applied to the net tax capacity for the year preceding the year the levy is certified may be certified for the number of years, not to exceed ten, approved.

 

(d) If the district proposes a new capital project to begin at the time the existing capital project expires and at the same maximum tax rate, the general description on the ballot may state that the capital project levy is being renewed and that the tax rate is not being increased from the previous year's rate.  An election to renew authority under this paragraph may be called at any time that is otherwise authorized by this subdivision.  The ballot notice required under section 275.60 may be modified to read:

 

"BY VOTING YES ON THIS BALLOT QUESTION, YOU ARE VOTING TO RENEW AN EXISTING CAPITAL PROJECTS REFERENDUM THAT IS SCHEDULED TO EXPIRE."

 

(e) In the event a conjunctive question proposes to authorize both the capital project levy and the issuance of obligations for the project, appropriate language authorizing the issuance of obligations must also be included in the question.

 

(f) The district must notify the commissioner of the results of the referendum.

 

Sec. 5.  Minnesota Statutes 2016, section 126C.17, subdivision 11, is amended to read:

 

Subd. 11.  Referendum date.  (a) Except for a referendum held under paragraph (b), any referendum under this section held on a day other than the first Tuesday after the first Monday in November must be conducted by mail in accordance with section 204B.46.  Notwithstanding subdivision 9, paragraph (b), to the contrary, in the case of a referendum conducted by mail under this paragraph, the notice required by subdivision 9, paragraph (b), must be prepared and delivered by first-class mail at least 20 days before the referendum.


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(b) In addition to the referenda allowed in subdivision 9, clause paragraph (a), the commissioner may grant authority to a district to hold a referendum on a different day if the district is in statutory operating debt and has an approved plan or has received an extension from the department to file a plan to eliminate the statutory operating debt.

 

(c) The commissioner must approve, deny, or modify each district's request for a referendum levy on a different day within 60 days of receiving the request from a district.

 

Sec. 6.  Minnesota Statutes 2016, section 128D.05, subdivision 2, is amended to read:

 

Subd. 2.  Time of change.  A proposed change in election years adopted under subdivision 1 is effective 240 days after passage and publication or at a later date fixed in the proposal.  Within 180 days after passage and publication of the proposal, a petition requesting a referendum on the proposal may be filed with the school district clerk.  The petition must be signed by eligible voters equal in number to five percent of the total number of votes cast in the city of Minneapolis at the most recent state general election.  If the requisite petition is filed within the prescribed period, the proposal does not become effective until it is approved by a majority of the voters voting on the question at a general or special election held at least 60 days after submission of the petition on a date authorized by section 205A.05, subdivision 1a.  If the petition is filed, the governing body may reconsider its action in adopting the proposal.

 

Sec. 7.  Minnesota Statutes 2016, section 200.02, subdivision 4, is amended to read:

 

Subd. 4.  Special election.  "Special election" means:

 

(a) (1) an election held at any time to fill vacancies in public state or federal offices; or

 

(b) (2) an election held by a subdivision of the state for a special purpose held by a subdivision of the state on a date authorized by section 205.10, subdivision 3a, or 205A.05, subdivision 1a.

 

Sec. 8.  Minnesota Statutes 2016, section 204B.16, subdivision 1, is amended to read:

 

Subdivision 1.  Authority; location.  By December 31 of each year, the governing body of each municipality and of each county with precincts in unorganized territory shall must designate by ordinance or resolution a polling place for each election precinct.  The polling places designated in the ordinance or resolution are the polling places for the following calendar year, unless a change is made:

 

(1) pursuant to section 204B.175;

 

(2) because a polling place has become unavailable; or

 

(3) because a township designates one location for all state and federal elections and one location for all township only elections.

 

Polling places must be designated and ballots must be distributed so that no one is required to go to more than one polling place to vote in a school district and municipal election held on the same day.  The polling place for a precinct in a city or in a school district located in whole or in part in the metropolitan area defined by section 200.02, subdivision 24, shall be located within the boundaries of the precinct or within one mile of one of those boundaries unless a single polling place is designated for a city pursuant to section 204B.14, subdivision 2, or a school district pursuant to section 205A.11.  The polling place for a precinct in unorganized territory may be located outside the precinct at a place which is convenient to the voters of the precinct.  If no suitable place is available within a town or


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within a school district located outside the metropolitan area defined by section 200.02, subdivision 24, then the polling place for a town or school district may be located outside the town or school district within five miles of one of the boundaries of the town or school district.

 

Sec. 9.  Minnesota Statutes 2016, section 205.07, subdivision 3, is amended to read:

 

Subd. 3.  Effect of ordinance; referendum.  An ordinance changing the year of the municipal election is effective 240 days after passage and publication or at a later date fixed in the ordinance.  Within 180 days after passage and publication of the ordinance, a petition requesting a referendum on the ordinance may be filed with the city clerk.  The petition shall be signed by eligible voters equal in number to ten percent of the total number of votes cast in the city at the last municipal general election.  If the requisite petition is filed within the prescribed period, the ordinance shall not become effective until it is approved by a majority of the voters voting on the question at a general or special election held at least 60 days after submission of the petition on a date authorized by section 205.10, subdivision 3a.  If the petition is filed, the governing body may reconsider its action in adopting the ordinance.

 

Sec. 10.  Minnesota Statutes 2016, section 205.10, is amended by adding a subdivision to read:

 

Subd. 3a.  Uniform election dates.  (a) Except as allowed in paragraph (b) and subdivision 4, a special election held in a city or town must be held on one of the following dates:  the second Tuesday in February, the second Tuesday in April, the second Tuesday in May, the second Tuesday in August, or the first Tuesday after the first Monday in November.  A home rule charter city must not designate additional dates in its charter.

 

(b) A special election may be held on a date other than those designated in paragraph (a) if the special election is held in response to an emergency or disaster.  "Emergency" means an unforeseen combination of circumstances that calls for immediate action to prevent a disaster from developing or occurring.  "Disaster" means a situation that creates an actual or imminent serious threat to the health and safety of persons or a situation that has resulted or is likely to result in catastrophic loss to property or the environment.

 

Sec. 11.  Minnesota Statutes 2016, section 205.10, subdivision 4, is amended to read:

 

Subd. 4.  Vacancies in town offices.  Special elections must be held with the town general election to fill vacancies in town offices as provided in section 367.03, subdivision 6, must be held with the town general election or on a date authorized by subdivision 3a.

 

Sec. 12.  Minnesota Statutes 2016, section 205A.05, subdivision 1, is amended to read:

 

Subdivision 1.  Questions.  (a) Special elections must be held for a school district on a question on which the voters are authorized by law to pass judgment.  The school board may on its own motion call a special election to vote on any matter requiring approval of the voters of a district.  Upon petition filed with the school board of 50 or more voters of the school district or five percent of the number of voters voting at the preceding school district general election, whichever is greater, the school board shall by resolution call a special election to vote on any matter requiring approval of the voters of a district.  A question is carried only with the majority in its favor required by law.  The election officials for a special election are the same as for the most recent school district general election unless changed according to law.  Otherwise, special elections must be conducted and the returns made in the manner provided for the school district general election.

 

(b) A special election may not be held:

 

(1) during the 56 days before and the 56 days after a regularly scheduled primary or general election conducted wholly or partially within the school district;


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(2) on the date of a regularly scheduled town election or annual meeting in March conducted wholly or partially within the school district; or

 

(3) during the 30 days before or the 30 days after a regularly scheduled town election in March conducted wholly or partially within the school district.

 

(c) Notwithstanding any other law to the contrary, the time period in which a special election must be conducted under any other law may be extended by the school board to conform with the requirements of this subdivision.

 

Sec. 13.  Minnesota Statutes 2016, section 205A.05, is amended by adding a subdivision to read:

 

Subd. 1a.  Uniform election dates.  (a) Except as allowed in paragraph (b), a special election held in a school district must be held on one of the following dates:  the second Tuesday in February, the second Tuesday in April, the second Tuesday in May, the second Tuesday in August, or the first Tuesday after the first Monday in November.

 

(b) A special election may be held on a date other than those designated in paragraph (a) if the special election is held in response to an emergency or disaster.  "Emergency" means an unforeseen combination of circumstances that calls for immediate action to prevent a disaster from developing or occurring.  "Disaster" means a situation that creates an actual or imminent serious threat to the health and safety of persons or a situation that has resulted or is likely to result in catastrophic loss to property or the environment.

 

Sec. 14.  Minnesota Statutes 2016, section 205A.11, subdivision 2, is amended to read:

 

Subd. 2.  Combined polling place.  (a) When no other election is being held in two or more precincts on the day of a school district election, the school board may designate one or more combined polling places at which the voters in those precincts may vote in the school district election.

 

(b) By December 31 of each year, the school board must designate, by resolution, combined polling places.  The combined polling places designated in the resolution are the polling places for the following calendar year, unless a change is made:

 

(1) pursuant to section 204B.175; or

 

(2) because a polling place has become unavailable.

 

(c) If the school board designates combined polling places pursuant to this subdivision, polling places must be designated throughout the district, taking into account both geographical distribution and population distribution.  A combined polling place must be at a location designated for use as a polling place by a county or municipality.

 

(d) In school districts that have organized into separate board member election districts under section 205A.12, a combined polling place for a school general election must be arranged so that it does not include more than one board member election district.

 

Sec. 15.  Minnesota Statutes 2016, section 216B.46, is amended to read:

 

216B.46 MUNICIPAL ACQUISITION PROCEDURES; NOTICE; ELECTION.

 

Any municipality which desires to acquire the property of a public utility as authorized under the provisions of section 216B.45 may determine to do so by resolution of the governing body of the municipality taken after a public hearing of which at least 30 days' published notice shall be given as determined by the governing body.  The


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determination shall become effective when ratified by a majority of the qualified electors voting on the question at a special election to be held for that purpose, not less than 60 nor more than 120 days after the resolution of the governing body of the municipality on a date authorized by section 205.10, subdivision 3a.

 

Sec. 16.  Minnesota Statutes 2016, section 365A.06, subdivision 2, is amended to read:

 

Subd. 2.  Election.  The town board shall hold a special election within the boundaries of the proposed district not less than 30 nor more than 90 days after receipt of the petition on a date authorized by section 205.10, subdivision 3a.  The question submitted and voted upon by the property owners within the territory of the proposed district must be phrased substantially as follows:

 

"Shall a subordinate service district be established to provide (service or services to be provided) financed by (revenue sources)?"

 

If a majority of those voting on the question favor creation of the district, the district shall begin upon certification of the vote by the town clerk.  The town clerk shall administer the election.

 

Sec. 17.  Minnesota Statutes 2016, section 367.33, subdivision 1, is amended to read:

 

Subdivision 1.  Election at annual election or special election.  Following the adoption of option A in a town, except a town exercising the powers of a statutory city, the town board may call a special town election to be held not less than 30 nor more than 60 days after the annual town election at which the option is adopted on a date authorized by section 205.10, subdivision 3a, to elect two additional members to the board of supervisors.  In lieu of a special election, the town board may determine to elect the additional members at the next annual town election.

 

If the town is exercising the powers of a statutory city under section 368.01 or a special law granting substantially similar powers, the town board shall call a special election to be held not less than 30 nor more than 60 days after the annual election on a date authorized by section 205.10, subdivision 3a, at which option A is adopted to elect the two additional supervisors.

 

Sec. 18.  Minnesota Statutes 2016, section 375.101, subdivision 1, is amended to read:

 

Subdivision 1.  Option for filling vacancies; special election.  (a) Except as provided in subdivision 3, a vacancy in the office of county commissioner may be filled as provided in this subdivision and subdivision 2, or as provided in subdivision 4.  If the vacancy is to be filled under this subdivision and subdivision 2, it must be filled at a special election.  The county board may by resolution call for a special election to be held according to the earliest of the following time schedules:

 

(1) not less than 120 days following the date the vacancy is declared, but no later than 12 weeks prior to the date of the next regularly scheduled primary election;

 

(2) concurrently with the next regularly scheduled primary election and general election; or

 

(3) no sooner than 120 days following the next regularly scheduled general election on a date authorized by section 205.10, subdivision 3a.

 

(b) The person elected at the special election shall take office immediately after receipt of the certificate of election and upon filing the bond and taking the oath of office and shall serve the remainder of the unexpired term.  If the county has been reapportioned since the commencement of the term of the vacant office, the election shall be based on the district as reapportioned.


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Sec. 19.  Minnesota Statutes 2016, section 375B.07, subdivision 2, is amended to read:

 

Subd. 2.  Election.  The county board shall make arrangements for the holding of a special election not less than 30 nor more than 90 days after receipt of the petition on a date authorized by section 205.10, subdivision 3a, within the boundaries of the proposed district.  The question to be submitted and voted upon by the qualified voters within the territory of the proposed district shall be phrased substantially as follows:

 

"Shall a subordinate service district be established in order to provide (service or services to be provided) financed by (revenue sources)?"

 

If a majority of those voting on the question favor creation of the proposed district, the district shall be deemed created upon certification of the vote by the county auditor.  The county auditor shall administer the election.

 

Sec. 20.  Minnesota Statutes 2016, section 375B.10, is amended to read:

 

375B.10 WITHDRAWAL; ELECTION.

 

Upon receipt of a petition signed by ten percent of the qualified voters within the territory of the subordinate service district requesting the removal of the district, or pursuant to its own resolution, the county board shall make arrangements for the holding of a special election within the boundaries of the service district not less than 30 nor more than 90 days after the resolution or receipt of the petition on a date authorized by section 205.10, subdivision 3a.  The question to be submitted and voted upon by the qualified voters within the territory of the district shall be phrased substantially as follows:

 

"Shall the subordinate service district presently established be removed and the service or services of the county as provided for the service district be discontinued?"

 

If a majority of those voting on the question favor the removal and discontinuance of the services, the service district shall be removed and the services shall be discontinued upon certification of the vote by the county auditor.  The county auditor shall administer the election.

 

Sec. 21.  Minnesota Statutes 2016, section 383B.031, subdivision 1, is amended to read:

 

Subdivision 1.  More than six months; special election.  Notwithstanding the provisions of section 375.101, if a vacancy occurs in a seat on the Board of County Commissioners of Hennepin County more than six months before the general election in which a commissioner will next be selected to occupy such seat the county auditor shall, within seven days after the vacancy occurs, call a special election within the affected district to fill such vacancy.  The auditor shall specify a date for the election which shall be between 56 and 77 days after the vacancy occurred to be held on a date authorized by section 205.10, subdivision 3a.  Candidates shall file with the county auditor prior to the 35th day before the election.  The primary election shall be held 14 days before the election.  If no more than two candidates file for the office, the primary election shall be canceled and the date of the general election advanced 14 days.

 

Sec. 22.  Minnesota Statutes 2016, section 383E.24, subdivision 7, is amended to read:

 

Subd. 7.  Referendum.  (a) Upon receipt of a petition signed by five percent of the qualified voters within the territory of the proposed service district prior to the effective date of its creation as specified in subdivision 6, the creation shall be held in abeyance pending a referendum vote of all qualified electors residing within the boundaries of the proposed service district.


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(b) The county board shall make arrangements for the holding of a special election not less than 30 or more than 90 days after receipt of such petition on a date authorized by section 205.10, subdivision 3a, and within the boundaries of the proposed taxing district.  The question to be submitted and voted upon by the qualified voters within the territory of the proposed service district shall be phrased substantially as follows:

 

"Shall a subordinate service district be established in order to provide (service or services to be provided) financed by (revenue sources)?"

 

(c) If a majority of those voting on the question favor creation of the proposed subordinate service district, the district shall be deemed created upon certification of the vote by the county auditor.  The county auditor shall administer the election.

 

Sec. 23.  Minnesota Statutes 2016, section 410.10, subdivision 1, is amended to read:

 

Subdivision 1.  Timing; procedure; recall.  Upon delivery of such draft, the council or other governing body of the city shall cause the proposed charter to be submitted at the next general election thereafter occurring in the city within six months after the delivery of such draft, and if there is no general city election occurring in the city within six months after the delivery of such draft, then the council or other governing body of the city shall cause the proposed charter to be submitted at a special election to be held within 90 days after the delivery of such draft on a date authorized by section 205.10, subdivision 3a.  The council or other governing body may call a special election for that purpose only at any time.  If the election is held at the same time with the general election, the voting places and election officers shall be the same for both elections.  At any time before the council has fixed the date of the election upon the proposed charter, the charter commission may recall it for further action; and the council may authorize recall of the charter by the commission at any later date prior to the first publication of the proposed charter.

 

Sec. 24.  Minnesota Statutes 2016, section 447.32, subdivision 2, is amended to read:

 

Subd. 2.  Elections.  Except as provided in this chapter, the Minnesota Election Law applies to hospital district elections, as far as practicable.  Regular elections must be held in each hospital district at the same time, in the same election precincts, and at the same polling places as general elections of state and county officers.  It may establish the whole district as a single election precinct or establish two or more different election precincts and polling places for the elections.  If there is more than one precinct, the boundaries of the election precincts and the locations of the polling places must be defined in the notice of election, either in full or by reference to a description or map on file in the office of the clerk.

 

Special elections may be called by the hospital board to vote on any matter required by law to be submitted to the voters.  A special election may not be conducted either during the 56 days before or the 56 days after a regularly scheduled primary or general election, conducted wholly or partially within the hospital district must be held on a date authorized by section 205.10, subdivision 3a.  Special elections must be held within the election precinct or precincts and at the polling place or places designated by the board.  In the case of the first election of officers of a new district, precincts and polling places must be set by the governing body of the most populous city or town included in the district.

 

Advisory ballots may be submitted by the hospital board on any question it wishes, concerning the affairs of the district, but only at a regular election or at a special election required for another purpose.


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Sec. 25.  Minnesota Statutes 2016, section 475.59, is amended to read:

 

475.59 MANNER OF SUBMISSION; NOTICE.

 

Subdivision 1.  Generally; notice.  When the governing body of a municipality resolves to issue bonds for any purpose requiring the approval of the electors, it shall provide for submission of the proposition of their issuance at a general or special election or town or school district meeting.  Notice of such election or meeting shall be given in the manner required by law and shall state the maximum amount and the purpose of the proposed issue.  In any school district, the school board or board of education may, according to its judgment and discretion, submit as a single ballot question or as two or more separate questions in the notice of election and ballots the proposition of their issuance for any one or more of the following, stated conjunctively or in the alternative:  acquisition or enlargement of sites, acquisition, betterment, erection, furnishing, equipping of one or more new schoolhouses, remodeling, repairing, improving, adding to, betterment, furnishing, equipping of one or more existing schoolhouses.  In any city, town, or county, the governing body may, according to its judgment and discretion, submit as a single ballot question or as two or more separate questions in the notice of election and ballots the proposition of their issuance, stated conjunctively or in the alternative, for the acquisition, construction, or improvement of any facilities at one or more locations.

 

Subd. 2.  Election date.  An election to approve issuance of bonds under this section held by a municipality or school district must be held on a date authorized in section 205.10, subdivision 3a, or 205A.05, subdivision 1a.

 

Sec. 26.  REPEALER.

 

Minnesota Statutes 2016, section 205.10, subdivision 3, is repealed.

 

Sec. 27.  EFFECTIVE DATE.

 

This article is effective January 1, 2018, and applies to any special election held on or after that date.

 

ARTICLE 3

COUNTY OFFICES

 

Section 1.  MORRISON COUNTY RECORDER MAY BE APPOINTED.

 

Subdivision 1.  Authorization to make office appointive.  Notwithstanding Minnesota Statutes, section 382.01, upon adoption of a resolution by the Morrison County Board of Commissioners, the office of county recorder is not elective but must be filled by appointment by the county board as provided in the resolution.

 

Subd. 2.  Board controls; may change as long as duties done.  Upon adoption of a resolution by the county board of commissioners, and subject to subdivisions 3 and 4, the duties of an elected official required by statute whose office is made appointive as authorized by this section must be discharged by the county board of commissioners acting through a department head appointed by the board for that purpose.  Reorganization, reallocation, delegation, or other administrative change or transfer does not diminish, prohibit, or avoid the discharge of duties required by statute.

 

Subd. 3.  Incumbents to complete term.  The person elected at the last general election to an office made appointive under this section must serve in that capacity and perform the duties, functions, and responsibilities required by statute until the completion of the term of office to which the person was elected or until a vacancy occurs in the office, whichever occurs earlier.


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Subd. 4.  Publishing resolution; petition; referendum.  (a) Before the adoption of a resolution to provide for the appointment of the county recorder, the county board must publish a proposed resolution notifying the public of its intent to consider the issue once each week for two consecutive weeks in the official publication of the county and in the official publication of each city located wholly or partly in the county.  Following publication and prior to formally adopting the resolution, the county board shall provide an opportunity at two separate meetings for public comment relating to the issue.  One meeting must be held between the hours of 8:00 a.m. and 5:00 p.m. and the other meeting must be held between the hours of 5:00 p.m. and 9:00 p.m. The meetings may be regular or special meetings.  After the public comment opportunity at the second meeting, at the same meeting or a subsequent meeting, the county board of commissioners may adopt a resolution that provides for the appointment of the county recorder as permitted in this section.  The resolution must be approved by at least 80 percent of the members of the county board.  The resolution may take effect 60 days after it is adopted, or at a later date stated in the resolution, unless a petition is filed as provided in paragraph (b).

 

(b) Within 60 days after the county board adopts the resolution, a petition requesting a referendum may be filed with the county auditor-treasurer.  The petition must be signed by at least ten percent of the registered voters of the county.  The petition must meet the requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.  If the petition is sufficient, the question of appointing the county recorder must be placed on the ballot at a regular or special election.  If a majority of the voters of the county voting on the question vote in favor of appointment, the resolution may be implemented.

 

Subd. 5.  Reverting to elected offices.  (a) The county board may adopt a resolution to provide for the election of an office made an appointed position under this section, but not until at least three years after the office was made an appointed position.  The county board must publish a proposed resolution notifying the public of its intent to consider the issue once each week for two consecutive weeks in the official publication of the county.  Following publication and before formally adopting the resolution, the county board must provide an opportunity at its next regular meeting for public comment relating to the issue.  After the public comment hearing, the county board may adopt the resolution.  The resolution must be approved by at least 60 percent of the members of the county board and is effective August 1 following adoption of the resolution.

 

(b) The question of whether an office made an appointed position under this section must be made an elected office must be placed on the ballot at the next general election if:

 

(1) the position has been an appointed position for at least three years;

 

(2) a petition signed by at least five percent of the registered voters of the county is filed with the office of the county auditor-treasurer by August 1 of the year in which the general election is held; and

 

(3) the petition meets the requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.  If a majority of the voters of the county voting on the question vote in favor of making the office an elected position, the election for the office must be held at the next regular or special election.

 

EFFECTIVE DATE.  This section is effective the day after the Morrison County Board of Commissioners and its chief clerical officer timely complete their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3.

 

Sec. 2.  BENTON COUNTY RECORDER MAY BE APPOINTED.

 

Subdivision 1.  Authorization to make office appointive.  Notwithstanding Minnesota Statutes, section 382.01, upon adoption of a resolution by the Benton County Board of Commissioners, the office of county recorder is not elective but must be filled by appointment by the county board as provided in the resolution.


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Subd. 2.  Board controls; may change as long as duties done.  Upon adoption of a resolution by the county board of commissioners, and subject to subdivisions 3 and 4, the duties of an elected official required by statute whose office is made appointive as authorized by this section must be discharged by the county board of commissioners acting through a department head appointed by the board for that purpose.  Reorganization, reallocation, delegation, or other administrative change or transfer does not diminish, prohibit, or avoid the discharge of duties required by statute.

 

Subd. 3.  Incumbents to complete term.  The person elected at the last general election to an office made appointive under this section must serve in that capacity and perform the duties, functions, and responsibilities required by statute until the completion of the term of office to which the person was elected or until a vacancy occurs in the office, whichever occurs earlier.

 

Subd. 4.  Publishing resolution; petition; referendum.  (a) Before the adoption of a resolution to provide for the appointment of the county recorder, the county board must publish a proposed resolution notifying the public of its intent to consider the issue once each week for two consecutive weeks in the official publication of the county and in the official publication of each city located wholly or partly in the county.  Following publication and prior to formally adopting the resolution, the county board shall provide an opportunity at two separate meetings for public comment relating to the issue.  One meeting must be held between the hours of 8:00 a.m. and 5:00 p.m. and the other meeting must be held between the hours of 5:00 p.m. and 9:00 p.m. The meetings may be regular or special meetings.  After the public comment opportunity at the second meeting, at the same meeting or a subsequent meeting, the county board of commissioners may adopt a resolution that provides for the appointment of the county recorder as permitted in this section.  The resolution must be approved by at least 80 percent of the members of the county board.  The resolution may take effect 60 days after it is adopted, or at a later date stated in the resolution, unless a petition is filed as provided in paragraph (b).

 

(b) Within 60 days after the county board adopts the resolution, a petition requesting a referendum may be filed with the county auditor-treasurer.  The petition must be signed by at least ten percent of the registered voters of the county.  The petition must meet the requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.  If the petition is sufficient, the question of appointing the county recorder must be placed on the ballot at a regular or special election.  If a majority of the voters of the county voting on the question vote in favor of appointment, the resolution may be implemented.

 

Subd. 5.  Reverting to elected offices.  (a) The county board may adopt a resolution to provide for the election of an office made an appointed position under this section, but not until at least three years after the office was made an appointed position.  The county board must publish a proposed resolution notifying the public of its intent to consider the issue once each week for two consecutive weeks in the official publication of the county.  Following publication and before formally adopting the resolution, the county board must provide an opportunity at its next regular meeting for public comment relating to the issue.  After the public comment hearing, the county board may adopt the resolution.  The resolution must be approved by at least 60 percent of the members of the county board and is effective August 1 following adoption of the resolution.

 

(b) The question of whether an office made an appointed position under this section must be made an elected office must be placed on the ballot at the next general election if:

 

(1) the position has been an appointed position for at least three years;

 

(2) a petition signed by at least five percent of the registered voters of the county is filed with the office of the county auditor-treasurer by August 1 of the year in which the general election is held; and


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(3) the petition meets the requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.  If a majority of the voters of the county voting on the question vote in favor of making the office an elected position, the election for the office must be held at the next regular or special election.

 

EFFECTIVE DATE.  This section is effective the day after the Benton County Board of Commissioners and its chief clerical officer timely complete their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3.

 

Sec. 3.  PINE COUNTY AUDITOR-TREASURER MAY BE APPOINTED.

 

Subdivision 1.  Authorization to make office appointive.  Notwithstanding Minnesota Statutes, section 382.01, upon adoption of a resolution by the Pine County Board of Commissioners, the office of county auditor-treasurer is not elective but must be filled by appointment by the county board as provided in the resolution.

 

Subd. 2.  Board controls; may change as long as duties done.  Upon adoption of a resolution by the county board of commissioners and subject to subdivisions 3 and 4, the duties of an elected official required by statute whose office is made appointive as authorized by this section must be discharged by the county board of commissioners acting through a department head appointed by the board for that purpose.  Reorganization, reallocation, delegation, or other administrative change or transfer does not diminish, prohibit, or avoid the discharge of duties required by statute.

 

Subd. 3.  Incumbent to complete term.  The person elected at the last general election to an office made appointive under this section must serve in that capacity and perform the duties, functions, and responsibilities required by statute until the completion of the term of office to which the person was elected or until a vacancy occurs in the office, whichever occurs earlier.

 

Subd. 4.  Publishing resolution; petition; referendum.  (a) Before the adoption of a resolution to provide for the appointment of the county auditor-treasurer, the county board must publish a proposed resolution notifying the public of its intent to consider the issue once each week for two consecutive weeks in the official publication of the county and in the official publication of each city located wholly or partly in the county.  Following publication and prior to formally adopting the resolution, the county board shall provide an opportunity at two separate meetings for public comment relating to the issue.  One meeting must be held between the hours of 8:00 a.m. and 5:00 p.m. and the other meeting must be held between the hours of 5:00 p.m. and 9:00 p.m. The meetings may be regular or special meetings.  After the public comment opportunity at the second meeting, at the same meeting or a subsequent meeting, the county board of commissioners may adopt a resolution that provides for the appointment of the county auditor-treasurer as permitted in this section.  The resolution must be approved by at least 80 percent of the members of the county board.  The resolution may take effect 60 days after it is adopted, or at a later date stated in the resolution, unless a petition is filed as provided in paragraph (b).

 

(b) Within 60 days after the county board adopts the resolution, a petition requesting a referendum may be filed with the county auditor-treasurer.  The petition must be signed by at least ten percent of the registered voters of the county.  The petition must meet the requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.  If the petition is sufficient, the question of appointing the county auditor-treasurer must be placed on the ballot at a regular or special election.  If a majority of the voters of the county voting on the question vote in favor of appointment, the resolution may be implemented.

 

Subd. 5.  Reverting to elected offices.  (a) The county board may adopt a resolution to provide for the election of an office made an appointed position under this section, but not until at least three years after the office was made an appointed position.  The county board must publish a proposed resolution notifying the public of its intent to consider the issue once each week for two consecutive weeks in the official publication of the county.  Following publication and before formally adopting the resolution, the county board must provide an opportunity at its next


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regular meeting for public comment relating to the issue.  After the public comment hearing, the county board may adopt the resolution.  The resolution must be approved by at least 60 percent of the members of the county board and is effective August 1 following adoption of the resolution.

 

(b) The question of whether an office made an appointed position under this section must be made an elected office must be placed on the ballot at the next general election if:

 

(1) the position has been an appointed position for at least three years;

 

(2) a petition signed by at least five percent of the registered voters of the county is filed with the office of the county auditor-treasurer by August 1 of the year in which the general election is held; and

 

(3) the petition meets the requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.  If a majority of the voters of the county voting on the question vote in favor of making the office an elected position, the election for the office must be held at the next regular or special election.

 

EFFECTIVE DATE.  This section is effective the day after the Pine County Board of Commissioners and its chief clerical officer timely complete their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3.

 

Sec. 4.  STEARNS COUNTY RECORDER MAY BE APPOINTED.

 

Subdivision 1.  Authorization to make office appointive.  Notwithstanding Minnesota Statutes, section 382.01, upon adoption of a resolution by the Stearns County Board of Commissioners, the office of county recorder is not elective but must be filled by appointment by the county board as provided in the resolution.

 

Subd. 2.  Board controls; may change as long as duties done.  Upon adoption of a resolution by the county board of commissioners, and subject to subdivisions 3 and 4, the duties of an elected official required by statute whose office is made appointive as authorized by this section must be discharged by the county board of commissioners acting through a department head appointed by the board for that purpose.  Reorganization, reallocation, delegation, or other administrative change or transfer does not diminish, prohibit, or avoid the discharge of duties required by statute.

 

Subd. 3.  Incumbents to complete term.  The person elected at the last general election to an office made appointive under this section must serve in that capacity and perform the duties, functions, and responsibilities required by statute until the completion of the term of office to which the person was elected or until a vacancy occurs in the office, whichever occurs earlier.

 

Subd. 4.  Publishing resolution; petition; referendum.  (a) Before the adoption of a resolution to provide for the appointment of the county recorder, the county board must publish a proposed resolution notifying the public of its intent to consider the issue once each week for two consecutive weeks in the official publication of the county and in the official publication of each city located wholly or partly in the county.  Following publication and prior to formally adopting the resolution, the county board shall provide an opportunity at two separate meetings for public comment relating to the issue.  One meeting must be held between the hours of 8:00 a.m. and 5:00 p.m. and the other meeting must be held between the hours of 5:00 p.m. and 9:00 p.m. The meetings may be regular or special meetings.  After the public comment opportunity at the second meeting, at the same meeting or a subsequent meeting, the county board of commissioners may adopt a resolution that provides for the appointment of the county recorder as permitted in this section.  The resolution must be approved by at least 80 percent of the members of the county board.  The resolution may take effect 60 days after it is adopted, or at a later date stated in the resolution, unless a petition is filed as provided in paragraph (b).


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(b) Within 60 days after the county board adopts the resolution, a petition requesting a referendum may be filed with the county auditor-treasurer.  The petition must be signed by at least ten percent of the registered voters of the county.  The petition must meet the requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.  If the petition is sufficient, the question of appointing the county recorder must be placed on the ballot at a regular or special election.  If a majority of the voters of the county voting on the question vote in favor of appointment, the resolution may be implemented.

 

Subd. 5.  Reverting to elected offices.  (a) The county board may adopt a resolution to provide for the election of an office made an appointed position under this section, but not until at least three years after the office was made an appointed position.  The county board must publish a proposed resolution notifying the public of its intent to consider the issue once each week for two consecutive weeks in the official publication of the county.  Following publication and before formally adopting the resolution, the county board must provide an opportunity at its next regular meeting for public comment relating to the issue.  After the public comment hearing, the county board may adopt the resolution.  The resolution must be approved by at least 60 percent of the members of the county board and is effective August 1 following adoption of the resolution.

 

(b) The question of whether an office made an appointed position under this section must be made an elected office must be placed on the ballot at the next general election if:

 

(1) the position has been an appointed position for at least three years;

 

(2) a petition signed by at least five percent of the registered voters of the county is filed with the office of the county auditor-treasurer by August 1 of the year in which the general election is held; and

 

(3) the petition meets the requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.  If a majority of the voters of the county voting on the question vote in favor of making the office an elected position, the election for the office must be held at the next regular or special election.

 

EFFECTIVE DATE.  This section is effective the day after the Stearns County Board of Commissioners and its chief clerical officer timely complete their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3.

 

Sec. 5.  MARSHALL COUNTY RECORDER MAY BE APPOINTED.

 

Subdivision 1.  Authorization to make office appointive.  Notwithstanding Minnesota Statutes, section 382.01, upon adoption of a resolution by the Marshall County Board of Commissioners, the office of county recorder is not elective but must be filled by appointment by the county board as provided in the resolution.

 

Subd. 2.  Board controls; may change as long as duties done.  Upon adoption of a resolution by the county board of commissioners, and subject to subdivisions 3 and 4, the duties of an elected official required by statute whose office is made appointive as authorized by this section must be discharged by the county board of commissioners acting through a department head appointed by the board for that purpose.  Reorganization, reallocation, delegation, or other administrative change or transfer does not diminish, prohibit, or avoid the discharge of duties required by statute.

 

Subd. 3.  Incumbents to complete term.  The person elected at the last general election to an office made appointive under this section must serve in that capacity and perform the duties, functions, and responsibilities required by statute until the completion of the term of office to which the person was elected or until a vacancy occurs in the office, whichever occurs earlier.


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Subd. 4.  Publishing resolution; petition; referendum.  (a) Before the adoption of a resolution to provide for the appointment of the county recorder, the county board must publish a proposed resolution notifying the public of its intent to consider the issue once each week for two consecutive weeks in the official publication of the county and in the official publication of each city located wholly or partly in the county.  Following publication and prior to formally adopting the resolution, the county board shall provide an opportunity at two separate meetings for public comment relating to the issue.  One meeting must be held between the hours of 8:00 a.m. and 5:00 p.m. and the other meeting must be held between the hours of 5:00 p.m. and 9:00 p.m. The meetings may be regular or special meetings.  After the public comment opportunity at the second meeting, at the same meeting or a subsequent meeting, the county board of commissioners may adopt a resolution that provides for the appointment of the county recorder as permitted in this section.  The resolution must be approved by at least 80 percent of the members of the county board.  The resolution may take effect 60 days after it is adopted, or at a later date stated in the resolution, unless a petition is filed as provided in paragraph (b).

 

(b) Within 60 days after the county board adopts the resolution, a petition requesting a referendum may be filed with the county auditor-treasurer.  The petition must be signed by at least ten percent of the registered voters of the county.  The petition must meet the requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.  If the petition is sufficient, the question of appointing the county recorder must be placed on the ballot at a regular or special election.  If a majority of the voters of the county voting on the question vote in favor of appointment, the resolution may be implemented.

 

Subd. 5.  Reverting to elected offices.  (a) The county board may adopt a resolution to provide for the election of an office made an appointed position under this section, but not until at least three years after the office was made an appointed position.  The county board must publish a proposed resolution notifying the public of its intent to consider the issue once each week for two consecutive weeks in the official publication of the county.  Following publication and before formally adopting the resolution, the county board must provide an opportunity at its next regular meeting for public comment relating to the issue.  After the public comment hearing, the county board may adopt the resolution.  The resolution must be approved by at least 60 percent of the members of the county board and is effective August 1 following adoption of the resolution.

 

(b) The question of whether an office made an appointed position under this section must be made an elected office must be placed on the ballot at the next general election if:

 

(1) the position has been an appointed position for at least three years;

 

(2) a petition signed by at least five percent of the registered voters of the county is filed with the office of the county auditor-treasurer by August 1 of the year in which the general election is held; and

 

(3) the petition meets the requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.  If a majority of the voters of the county voting on the question vote in favor of making the office an elected position, the election for the office must be held at the next regular or special election.

 

EFFECTIVE DATE.  This section is effective the day after the Marshall County Board of Commissioners and its chief clerical officer timely complete their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3.

 

Sec. 6.  RICE COUNTY AUDITOR-TREASURER AND RECORDER MAY BE APPOINTED.

 

Subdivision 1.  Authorization to make office appointive.  Notwithstanding Minnesota Statutes, section 382.01, upon adoption of a resolution by the Rice County Board of Commissioners, the offices of county auditor-treasurer and county recorder are not elective but must be filled by appointment by the county board as provided in the resolution.


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Subd. 2.  Board controls; may change as long as duties done.  Upon adoption of a resolution by the county board of commissioners, and subject to subdivisions 3 and 4, the duties of an elected official required by statute whose office is made appointive as authorized by this section must be discharged by the county board of commissioners acting through a department head appointed by the board for that purpose.  Reorganization, reallocation, delegation, or other administrative change or transfer does not diminish, prohibit, or avoid the discharge of duties required by statute.

 

Subd. 3.  Incumbents to complete term.  The person elected at the last general election to an office made appointive under this section must serve in that elected capacity and perform the duties, functions, and responsibilities required by statute until the completion of the term of office to which the person was elected or until a vacancy occurs in the office, whichever occurs earlier.

 

Subd. 4.  Publishing resolution; petition; referendum.  (a) Before the adoption of a resolution to provide for the appointment of the county auditor-treasurer and county recorder, the county board must publish a proposed resolution notifying the public of its intent to consider the issue once each week for two consecutive weeks in the official publication of the county and in the official publication of each city located wholly or partly in the county.  Following publication and prior to formally adopting the resolution, the county board shall provide an opportunity at two separate meetings for public comment relating to the issue.  One meeting must be held between the hours of 8:00 a.m. and 5:00 p.m. and the other meeting must be held between the hours of 5:00 p.m. and 9:00 p.m. The meetings may be regular or special meetings.  After the public comment opportunity at the second meeting, at the same meeting or a subsequent meeting, the county board of commissioners may adopt a resolution that provides for the appointment of the county auditor-treasurer and county recorder as permitted in this section.  The resolution must be approved by at least 80 percent of the members of the county board.  The resolution may take effect 60 days after it is adopted, or at a later date stated in the resolution, unless a petition is filed as provided in paragraph (b).

 

(b) Within 60 days after the county board adopts the resolution, a petition requesting a referendum may be filed with the county auditor-treasurer.  The petition must be signed by at least ten percent of the registered voters of the county.  The petition must meet the requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.  If the petition is sufficient, the question of appointing the county auditor-treasurer and county recorder must be placed on the ballot at a regular or special election.  If a majority of the voters of the county voting on the question vote in favor of appointment, the resolution may be implemented.

 

Subd. 5.  Reverting to elected offices.  (a) The county board may adopt a resolution to provide for the election of an office made an appointed position under this section, but not until at least three years after the office was made an appointed position.  The county board must publish a proposed resolution notifying the public of its intent to consider the issue once each week or two consecutive weeks in the official publication of the county.  Following publication and before formally adopting the resolution, the county board must provide an opportunity at its next regular meeting for public comment relating to the issue.  After the public comment hearing, the county board may adopt the resolution.  The resolution must be approved by at least 60 percent of the members of the county board and is effective August 1 following adoption of the resolution.

 

(b) The question of whether an office made an appointed position under this section must be made an elected office must be placed on the ballot at the next general election if:

 

(1) the position has been an appointed position for at least three years;

 

(2) a petition signed by at least five percent of the registered voters of the county is filed with the office of the county auditor-treasurer by August 1 of the year in which the general election is held; and


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(3) the petition meets the requirements of the secretary of state, as provided in Minnesota Statutes, section 204B.071, and any rules adopted to implement that section.  If a majority of the voters of the county voting on the question vote in favor of making the office an elected position, the election for the office must be held at the next regular or special election.

 

EFFECTIVE DATE.  This section is effective the day after the Rice County Board of Commissioners and its chief clerical officer timely complete their compliance with Minnesota Statutes, section 645.021, subdivisions 2 and 3."

 

Amend the title accordingly

 

 

Youakim moved to amend the Fenton amendment to S. F. No. 514, the fifth engrossment, as follows:

 

Page 40, after line 26, insert:

 

"ARTICLE 4

EARLY VOTING

 

Section 1.  Minnesota Statutes 2016, section 201.022, subdivision 1, is amended to read:

 

Subdivision 1.  Establishment.  The secretary of state shall maintain a statewide voter registration system to facilitate voter registration and to provide a central database containing voter registration information from around the state.  The system must be accessible to the county auditor of each county in the state.  The system must also:

 

(1) provide for voters to submit their voter registration applications to any county auditor, the secretary of state, or the Department of Public Safety;

 

(2) provide for the definition, establishment, and maintenance of a central database for all voter registration information;

 

(3) provide for entering data into the statewide registration system;

 

(4) provide for electronic transfer of completed voter registration applications from the Department of Public Safety to the secretary of state or the county auditor;

 

(5) assign a unique identifier to each legally registered voter in the state;

 

(6) provide for the acceptance of the Minnesota driver's license number, Minnesota state identification number, and last four digits of the Social Security number for each voter record;

 

(7) coordinate with other agency databases within the state;

 

(8) allow county auditors and the secretary of state to add or modify information in the system to provide for accurate and up-to-date records;

 

(9) allow county auditors, municipal and school district clerks, and the secretary of state to have electronic access to the statewide registration system for review and search capabilities;

 

(10) provide security and protection of all information in the statewide registration system and ensure that unauthorized access is not allowed;


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(11) provide access to municipal clerks to use the system;

 

(12) provide a system for each county to identify the precinct to which a voter should be assigned for voting purposes;

 

(13) provide daily reports accessible by county auditors on the driver's license numbers, state identification numbers, or last four digits of the Social Security numbers submitted on voter registration applications that have been verified as accurate by the secretary of state; and

 

(14) provide reports on the number of absentee ballots transmitted to and returned and cast by voters under section 203B.16.; and

 

(15) provide reports necessary for early voting.

 

The appropriate state or local official shall provide security measures to prevent unauthorized access to the computerized list established under section 201.021.

 

Sec. 2.  Minnesota Statutes 2016, section 203B.001, is amended to read:

 

203B.001 ELECTION LAW APPLICABILITY.

 

The Minnesota Election Law is applicable to voting by absentee ballot and early voting unless otherwise provided in this chapter.

 

Sec. 3.  Minnesota Statutes 2016, section 203B.01, is amended by adding a subdivision to read:

 

Subd. 5.  Early voting.  "Early voting" means voting in person before election day at the office of the county auditor or designated municipal clerk within the time period provided in section 203B.31.

 

Sec. 4.  Minnesota Statutes 2016, section 203B.03, subdivision 1, is amended to read:

 

Subdivision 1.  Violation.  (a) No individual shall intentionally:

 

(1) make or sign any false certificate required by this chapter;

 

(2) make any false or untrue statement in any application for absentee ballots;

 

(3) apply for absentee ballots more than once in any election with the intent to cast an illegal ballot;

 

(4) exhibit a ballot marked by that individual to any other individual;

 

(5) do any act in violation of the provisions of this chapter for the purpose of casting an illegal vote in any precinct or for the purpose of aiding another to cast an illegal vote;

 

(6) use information from absentee ballot or early voting materials or records for purposes unrelated to elections, political activities, or law enforcement;

 

(7) provide assistance to an absentee or early voter except in the manner provided by section 204C.15, subdivision 1;


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(8) solicit the vote of an absentee or early voter while in the immediate presence of the voter during the time the individual knows the absentee or early voter is voting; or

 

(9) alter an absentee ballot application after it has been signed by the voter, except by an election official for administrative purposes.

 

(b) Before inspecting information from absentee ballot or early voting materials or records, an individual shall provide identification to the public official having custody of the material or information.

 

Sec. 5.  Minnesota Statutes 2016, section 203B.05, subdivision 1, is amended to read:

 

Subdivision 1.  Generally.  The full-time clerk of any city or town shall administer the provisions of sections 203B.04 to 203B.15 if:

 

(1) the county auditor of that county has designated the clerk to administer them; or

 

(2) the clerk has given the county auditor of that county notice of intention to administer them.

 

The designation or notice must specify whether the clerk will be responsible for the administration of a ballot board as provided in section 203B.121.

 

A clerk of a city that is located in more than one county may only administer the provisions of sections 203B.04 to 203B.15 and 203B.30 to 203B.35 if the clerk has been designated by each of the county auditors or has provided notice to each of the county auditors that the city will administer absentee voting.  A clerk may only administer the provisions of sections 203B.04 to 203B.15 if the clerk has technical capacity to access the statewide voter registration system in the secure manner prescribed by the secretary of state.  The secretary of state must identify hardware, software, security, or other technical prerequisites necessary to ensure the security, access controls, and performance of the statewide voter registration system.  A clerk must receive training approved by the secretary of state on the use of the statewide voter registration system before administering this section.  A clerk may not use the statewide voter registration system until the clerk has received the required training.  The county auditor must notify the secretary of state of any municipal clerk who will be administering the provisions of this section and the duties that the clerk will administer.

 

Sec. 6.  Minnesota Statutes 2016, section 203B.081, subdivision 2, is amended to read:

 

Subd. 2.  Town elections.  Voters casting absentee ballots in person for a town election held in March may do so during the 30 days before the election, except that an eligible voter may not vote by absentee ballot in person during the period designated for early voting, as provided in section 203B.31.  The county auditor shall make such designations at least 14 weeks before the election.  At least one voting booth in each polling place must be made available by the county auditor for this purpose.  The county auditor must also make available at least one electronic ballot marker in each polling place that has implemented a voting system that is accessible for individuals with disabilities pursuant to section 206.57, subdivision 5.

 

Sec. 7.  Minnesota Statutes 2016, section 203B.085, is amended to read:

 

203B.085 COUNTY AUDITOR'S AND MUNICIPAL CLERK'S OFFICES TO REMAIN OPEN DURING CERTAIN HOURS PRECEDING ELECTION.

 

The county auditor's office in each county and the clerk's office in each city or town authorized under section 203B.05 to administer absentee balloting must be open for acceptance of absentee ballot applications and casting of absentee ballots from 8:00 a.m. to 12:00 noon on the day immediately preceding an election subject to early voting


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under section 203B.30 unless that day falls on a Sunday.  When performing the duties of the county auditor in an election not subject to early voting under section 203B.30, the clerk's office must be open from 10:00 a.m. to 3:00 p.m. on Saturday and until 5:00 p.m. on the day immediately preceding a primary, special, or general election unless that day falls on a Saturday or Sunday.  Town clerks' offices must be open for absentee voting from 10:00 a.m. to 12:00 noon on the Saturday before a town general election held in March.  The school district clerk, when performing the county auditor's election duties, need not comply with this section.

 

Sec. 8.  Minnesota Statutes 2016, section 203B.121, subdivision 1, is amended to read:

 

Subdivision 1.  Establishment; applicable laws.  (a) The governing body of each county, municipality, and school district with responsibility to accept and reject absentee ballots or to administer early voting must, by ordinance or resolution, establish a ballot board.  The board must consist of a sufficient number of election judges trained in the handling of absentee ballots and appointed as provided in sections 204B.19 to 204B.22.  The board may include deputy county auditors or deputy city clerks who have received training in the processing and counting of absentee ballots.

 

(b) Each jurisdiction must pay a reasonable compensation to each member of that jurisdiction's ballot board for services rendered during an election.

 

(c) Except as otherwise provided by this section, all provisions of the Minnesota Election Law apply to a ballot board.

 

Sec. 9.  Minnesota Statutes 2016, section 203B.121, is amended by adding a subdivision to read:

 

Subd. 2a.  Duties of ballot board; early voting.  The members of the ballot board shall administer the process of early voting as prescribed in section 203B.35, and shall make a record of voters who cast ballots early and count those ballots as provided in subdivisions 4 and 5.

 

Sec. 10.  Minnesota Statutes 2016, section 203B.121, subdivision 3, is amended to read:

 

Subd. 3.  Record of voting.  (a) When applicable, the county auditor or municipal clerk must immediately record that a voter's absentee ballot has been accepted or that the voter has cast a ballot pursuant to the early voting procedures provided in this chapter.  A voter whose record indicates that the voter has cast an early ballot must not be permitted to cast another ballot in that election.  After the close of business on the seventh day before the election day prior to the beginning of the early voting period as provided in section 203B.31, a voter whose record indicates that an absentee ballot has been accepted must not be permitted to cast another ballot at that election.  In a state primary, general, or state special election for federal or, state, or county office, the auditor or clerk must also record this information in the statewide voter registration system.

 

(b) The roster must be marked, and a supplemental report of absentee and early voters who submitted a voter registration application with their ballot must be created, no later than the start of voting on election day to indicate the voters that have already cast a ballot at the election.  The roster may be marked either:

 

(1) by the county auditor or municipal clerk before election day;

 

(2) by the ballot board before election day; or

 

(3) by the election judges at the polling place on election day.


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The record of a voter whose absentee ballot was received after the close of business on the seventh day before the election is not required to be marked on the roster or contained in a supplemental report as required by this paragraph.

 

Sec. 11.  Minnesota Statutes 2016, section 203B.121, subdivision 4, is amended to read:

 

Subd. 4.  Opening of envelopes.  After the close of business on the seventh day before the election day prior to the beginning of the early voting period as provided in section 203B.31, the ballots from return envelopes marked "Accepted" may be opened, duplicated as needed in the manner provided in section 206.86, subdivision 5, initialed by the members of the ballot board, and deposited in the appropriate ballot box.  If more than one ballot is enclosed in the ballot envelope, the ballots must be returned in the manner provided by section 204C.25 for return of spoiled ballots, and may not be counted.

 

Sec. 12.  Minnesota Statutes 2016, section 203B.121, subdivision 5, is amended to read:

 

Subd. 5.  Storage and counting of absentee and early voting ballots.  (a) On a day on which absentee or early voting ballots are inserted into a ballot box, two members of the ballot board must:

 

(1) remove the ballots from the ballot box at the end of the day;

 

(2) without inspecting the ballots, ensure that the number of ballots removed from the ballot box is equal to the number of voters who cast early votes and whose absentee ballots were accepted that day; and

 

(3) seal and secure all voted and unvoted ballots present in that location at the end of the day.

 

(b) After the polls have closed on election day, two members of the ballot board must count the ballots, tabulating the vote in a manner that indicates each vote of the voter and the total votes cast for each candidate or question.  In state primary and state general elections, the results must indicate the total votes cast for each candidate or question in each precinct and report the vote totals tabulated for each precinct.  The count must be recorded on a summary statement in substantially the same format as provided in section 204C.26.  The ballot board shall submit at least one completed summary statement to the county auditor or municipal clerk.  The county auditor or municipal clerk may require the ballot board to submit a sufficient number of completed summary statements to comply with the provisions of section 204C.27, or the county auditor or municipal clerk may certify reports containing the details of the ballot board summary statement to the recipients of the summary statements designated in section 204C.27.

 

In state primary and state general elections, these vote totals shall be added to the vote totals on the summary statements of the returns for the appropriate precinct.  In other elections, these vote totals may be added to the vote totals on the summary statement of returns for the appropriate precinct or may be reported as a separate total.

 

The count shall be public.  No vote totals from ballots may be made public before the close of voting on election day.

 

(c) In addition to the requirements of paragraphs (a) and (b), if the task has not been completed previously, the members of the ballot board must verify as soon as possible, but no later than 24 hours after the end of the hours for voting, that voters whose absentee ballots arrived after the rosters were marked or supplemental reports were generated and whose ballots were accepted did not vote in person on election day.  An absentee ballot submitted by a voter who has voted in person on election day must be rejected.  All other accepted absentee ballots must be opened, duplicated if necessary, and counted by members of the ballot board.  The vote totals from these ballots must be incorporated into the totals with the other absentee ballots and handled according to paragraph (b).


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Sec. 13.  [203B.30] EARLY VOTING; APPLICABILITY.

 

(a) Any eligible voter may vote in person in a federal, state, or county election prior to the date of the election, in the manner provided in sections 203B.31 to 203B.35.

 

(b)(1) Subject to clause (2), for city elections not held in conjunction with a federal, state, or county election, the city may authorize eligible voters to vote in the manner provided in sections 203B.31 to 203B.35 upon resolution of the governing body of the city, adopted prior to the first day for filing affidavits of candidacy for the election.  In the case of a home rule charter city, authorization may alternatively be made by amendment to the city's charter for this purpose.

 

(2) A city may only authorize voting under sections 203B.31 to 203B.35 if the municipal clerk has the technical capacity to access the statewide voter registration system in the secure manner prescribed by the secretary of state.  The secretary of state must identify hardware, software, security, or other technical prerequisites necessary to ensure the security, access controls, and performance of the statewide voter registration system.  The clerk must receive training approved by the secretary of state on the use of the statewide voter registration system before administering voting authorized under this paragraph.  The clerk may not use the statewide voter registration system until the clerk has received the required training.

 

Sec. 14.  [203B.31] TIME PERIOD FOR EARLY VOTING.

 

Early voting must be available to any eligible voter as provided in section 203B.32 for every primary, general, and special election subject to early voting under section 203B.30 from 15 days before the election through 5:00 p.m. on the third day before the election.  All voters in line at 5:00 p.m. on the third day before the election must be allowed to vote in the same manner as provided in section 204C.05, subdivision 2.

 

Sec. 15.  [203B.32] HOURS FOR EARLY VOTING.

 

Early voting must be available between the hours of 8:00 a.m. and 4:30 p.m. on each weekday during the time period provided in section 203B.31, from 8:00 a.m. to 8:00 p.m. on at least one weekday, and from 10:00 a.m. to 5:00 p.m. on the two Saturdays before the election.

 

Sec. 16.  [203B.33] LOCATIONS FOR EARLY VOTING.

 

(a) Early voting must be made available at polling places designated in the county auditor's offices in county‑owned or operated buildings, at the municipal clerk's office in every municipality that has been delegated the responsibility to administer absentee voting as provided in section 203B.05 or which is conducting an election that includes early voting, as authorized in section 203B.30, and at any other county or city-owned or operated buildings designated by the county auditor or municipal clerk.  At least one voting station and one ballot marking device for disabled voters must be made available in each polling place.

 

(b) The county auditor or municipal clerk must make an electronic ballot counter available in each polling place.

 

Sec. 17.  [203B.34] NOTICE TO VOTERS.

 

The county auditor or municipal clerk must prepare a notice to the voters of the days, times, and locations for early voting.  This notice must be posted on the county's Web site, if applicable, and the Web site for each municipality in the county where an early voting location is designated for the election at least 14 days before the first day for early voting.  If a county or municipality does not have a Web site, the county auditor or municipal clerk must publish the notice at least once in the jurisdiction's official newspaper at least seven days and not more than 14 days before the first day for early voting.


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Sec. 18.  [203B.35] PROCEDURES FOR EARLY VOTING.

 

Subdivision 1.  Voting procedure.  Each voter shall sign the certification provided in section 204C.10.  An individual who is not registered to vote must register in the manner provided in section 201.061, subdivision 3.

 

After the voter has signed the certification, a member of the ballot board must provide a ballot to the voter.  Ballots must be prepared and distributed by members of the ballot board in the manner provided in section 204C.09.  The voter must mark the ballot and deposit it in either a precinct voting system or a sealed ballot box.  A voter may not leave the polling place with the ballot.

 

Subd. 2.  Processing of ballots.  Ballots cast pursuant to sections 203B.30 to 203B.35 must be processed and counted by a ballot board.

 

Sec. 19.  Minnesota Statutes 2016, section 204B.28, subdivision 2, is amended to read:

 

Subd. 2.  Election supplies; duties of county auditors and clerks.  (a) Except as otherwise provided for absentee ballots in this section and in section 204B.35, subdivision 4, the county auditor shall complete the preparation of the election materials for which the auditor is responsible at least four days before every state primary and state general election.  At any time after all election materials are available from the county auditor but not later than four days before the election each municipal clerk shall secure from the county auditor:

 

(a) (1) the forms that are required for the conduct of the election;

 

(b) (2) any printed voter instruction materials furnished by the secretary of state;

 

(c) (3) any other instructions for election officers; and

 

(d) (4) a sufficient quantity of the official ballots, registration files, envelopes for ballot returns, and other supplies and materials required for each precinct in order to comply with the provisions of the Minnesota Election Law.  The county auditor may furnish the election supplies to the municipal clerks in the same manner as the supplies are furnished to precincts in unorganized territory pursuant to section 204B.29, subdivision 1.

 

(b) The county auditor must prepare and make available election materials for early voting to city clerks designated to administer early voting under section 203B.05 at least one day prior to the beginning of the early voting period as provided in section 203B.31.

 

Sec. 20.  Minnesota Statutes 2016, section 206.82, subdivision 1, is amended to read:

 

Subdivision 1.  Program.  A program or programs for use in an election conducted by means of an electronic voting system or using an electronic ballot marker shall be prepared at the direction of the county auditor or municipal clerk who is responsible for the conduct of the election and shall be independently verified by a competent person designated by that official.  The term "competent person" as used in this section means a person who can demonstrate knowledge as a computer programmer and who is other than and wholly independent of any person operating or employed by the counting center or the corporation or other preparer of the program.  A test deck prepared by a competent person shall be used for independent verification of the program; it shall test the maximum digits used in totaling the returns and shall be usable by insertion during the tabulation process as well as prior to tabulation.  A test deck must also be prepared using the electronic ballot marker program and must also be used to verify that all valid votes counted by the vote tabulator may be selected using the electronic ballot marker.  The computer program for any election and an exact duplicate of the program for use as backup must be completed and delivered to the election jurisdiction or the county auditor in charge of a common central counting center at least 27 days prior to the election.  The secretary of state shall adopt rules further specifying test procedures.


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Sec. 21.  Minnesota Statutes 2016, section 206.83, is amended to read:

 

206.83 TESTING OF VOTING SYSTEMS.

 

Within 14 22 days before election day, the official in charge of elections shall have the voting system tested to ascertain that the system will correctly mark ballots using all methods supported by the system, including through assistive technology, and count the votes cast for all candidates and on all questions.  Public notice of the time and place of the test must be given at least two days in advance by publication once in official newspapers.  The test must be observed by at least two election judges, who are not of the same major political party, and must be open to representatives of the political parties, candidates, the press, and the public.  The test must be conducted by (1) processing a preaudited group of ballots punched or marked to record a predetermined number of valid votes for each candidate and on each question, and must include for each office one or more ballot cards which have votes in excess of the number allowed by law in order to test the ability of the voting system tabulator and electronic ballot marker to reject those votes; and (2) processing an additional test deck of ballots marked using the electronic ballot marker for the precinct, including ballots marked using the electronic ballot display, audio ballot reader, and any assistive voting technology used with the electronic ballot marker.  If any error is detected, the cause must be ascertained and corrected and an errorless count must be made before the voting system may be used in the election.  After the completion of the test, the programs used and ballot cards must be sealed, retained, and disposed of as provided for paper ballots.

 

Sec. 22.  REPEALER.

 

Minnesota Statutes 2016, section 203B.081, subdivision 3, is repealed.

 

Sec. 23.  EFFECTIVE DATE.

 

This article is effective when the secretary of state has certified that:

 

(1) the statewide voter registration system has been tested and shown to properly allow for the tracking of the information required to conduct early voting, and can handle the expected volume of use; and

 

(2) precinct voting equipment that can tabulate at least 30 different ballot styles has been certified for use in this state.  Upon certification pursuant to this section, the provisions of this act related to early voting apply to all federal, state, and county elections held on August 1, 2015, and thereafter.  A jurisdiction may implement the requirements of this act prior to the date provided in this section, if the secretary of state has made the required certifications at least 90 days prior to the date of the election at which early voting will be used."

 

 

      The motion did not prevail and the amendment to the amendment was not adopted.

 

 

Schultz moved to amend the Fenton amendment to S. F. No. 514, the fifth engrossment, as follows:

 

Page 3, after line 3, insert:

 

"Sec. 6.  Minnesota Statutes 2016, section 13.607, is amended by adding a subdivision to read:

 

Subd. 9.  Data derived from driver's license applications.  Data on an application for a driver's license, a Minnesota identification card, or a learner's permit transferred to the secretary of state that are provided by a person whom the secretary of state determines is not eligible to vote are governed by section 201.161."


Journal of the House - 61st Day - Sunday, May 21, 2017 - Top of Page 6573

Page 9, after line 10, insert:

 

"Sec. 14.  Minnesota Statutes 2016, section 201.161, is amended to read:

 

201.161 AUTOMATIC REGISTRATION OF DRIVER'S LICENSE, INSTRUCTION PERMIT, AND IDENTIFICATION CARD APPLICATIONS APPLICANTS.

 

Subdivision 1.  Automatic registration.  An individual who properly completes an application for a new or renewed Minnesota driver's license, instruction permit, or identification card, and who is eligible to vote under section 201.014, must be registered to vote as provided in this section, unless the applicant declines to be registered.

 

Subd. 2.  Applications.  The Department commissioner of public safety, in consultation with the secretary of state, shall change its the applications for an original, duplicate, or change of address driver's license, instruction permit, or identification card so that the forms may also serve as voter registration applications.  The forms must contain spaces for all information collected by voter registration applications prescribed by the secretary of state and a box for the applicant to decline to be registered to vote.  Applicants for driver's licenses or identification cards must be asked if they want to register to vote at the same time and that Unless the applicant has declined to be registered to vote or has provided an address other than the applicant's address of residence under section 171.12, subdivision 7, paragraph (d), the commissioner shall transmit the information must be transmitted at least weekly daily by electronic means to the secretary of state.  Pursuant to the Help America Vote Act of 2002, Public Law 107‑252, the computerized driver's license record containing the voter's name, address, date of birth, citizenship, driver's license number or state identification number, county, town, and city or town must be made available for access by the secretary of state and interaction with the statewide voter registration system.

 

Subd. 3.  Registration.  (a) The secretary of state shall determine whether the applicant is currently registered in the statewide voter registration system.  For each currently registered voter whose registration is not changed, the secretary of state shall update the voter's registration date in the statewide voter registration system.  For each currently registered voter whose registration is changed, the secretary of state shall transmit the registration daily by electronic means to the county auditor of the county where the voter resides.

 

(b) If the applicant is not currently registered in the statewide voter registration system, the secretary of state shall determine whether the applicant is 18 years of age or older and a citizen of the United States and compare the voter registration information received from the commissioner of public safety with the information on wards, incompetents, and felons received from the state court administrator under sections 201.15 and 201.155, and with data received from the commissioner of corrections under section 201.157, to determine whether the applicant is eligible to vote.  If an applicant is less than 18 years of age, the secretary of state shall wait until the applicant has turned 18 years of age to determine whether the applicant is eligible to vote.  For each applicant the secretary of state determines is an eligible voter, the secretary of state shall transmit the registration daily by electronic means to the county auditor of the county where the voter resides.

 

(c) Any data on applicants who the secretary determines are not eligible to vote are private data on individuals, as defined in section 13.02, subdivision 12.

 

Subd. 4.  Notice.  Upon receipt of the registration, the county auditor shall mail to the voter the notice of registration required by section 201.121, subdivision 2.

 

Subd. 5.  Effective date.  (a) An application for registration that is dated during the 20 days before an election in any jurisdiction within which the voter resides is not effective until the day after the election.


Journal of the House - 61st Day - Sunday, May 21, 2017 - Top of Page 6574

(b) An applicant for a Minnesota driver's license, instruction permit, or identification card must not be registered to vote until the commissioner of the Department of Public Safety has certified that the department's systems have been tested and can accurately provide the necessary data, and the secretary of state has certified that the system for automatic registration of those applicants has been tested and is capable of properly determining whether an applicant is eligible to vote.

 

(c) The secretary of state must absorb any costs associated with implementation of this section using existing appropriations provided to the secretary by law."

 

Renumber the sections in sequence

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Schultz amendment to the Fenton amendment and the roll was called.  There were 53 yeas and 77 nays as follows:

 

      Those who voted in the affirmative were:

 


Allen

Applebaum

Becker-Finn

Bernardy

Bly

Carlson, A.

Carlson, L.

Clark

Considine

Davnie

Ecklund

Fischer

Flanagan

Freiberg

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Johnson, C.

Johnson, S.

Koegel

Kunesh-Podein

Lee

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Marquart

Masin

Maye Quade

Metsa

Murphy, E.

Murphy, M.

Nelson

Olson

Omar

Pelowski

Pinto

Poppe

Pryor

Rosenthal

Sandstede

Sauke

Schultz

Slocum

Sundin

Wagenius

Ward

Youakim


 

      Those who voted in the negative were:

 


Albright

Anderson, P.

Anderson, S.

Anselmo

Backer

Bahr, C.

Baker

Barr, R.

Bennett

Bliss

Christensen

Cornish

Daniels

Davids

Dean, M.

Dettmer

Drazkowski

Erickson

Fabian

Fenton

Franke

Franson

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Hamilton

Heintzeman

Hertaus

Hoppe

Howe

Jessup

Johnson, B.

Jurgens

Kiel

Knoblach

Koznick

Kresha

Layman

Lohmer

Loon

Loonan

Lucero

Lueck

McDonald

Miller

Nash

Neu

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Peterson

Pierson

Poston

Pugh

Quam

Rarick

Runbeck

Schomacker

Scott

Smith

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

West

Whelan

Wills

Zerwas

Spk. Daudt


 

 

      The motion did not prevail and the amendment to the amendment was not adopted.

 

 

      Halverson offered an amendment to the Fenton amendment to S. F. No. 514, the fifth engrossment.


Journal of the House - 61st Day - Sunday, May 21, 2017 - Top of Page 6575

POINT OF ORDER

 

      O'Driscoll raised a point of order pursuant to rule 3.21 that the Halverson amendment to the Fenton amendment was not in order.  Speaker pro tempore Albright ruled the point of order well taken and the Halverson amendment to the Fenton amendment out of order.

 

 

      The question recurred on the Fenton amendment to S. F. No. 514, the fifth engrossment.  The motion prevailed and the amendment was adopted.

 

 

      S. F. No. 514, A bill for an act relating to elections; modifying provisions related to elections and election administration; establishing a voting equipment grant; establishing uniform election dates, polling place hours, and polling places; requiring counties to administer school district elections; requiring additional voter data to be public; modifying voter status challenge provisions; establishing a provisional ballot system; appropriating money; amending Minnesota Statutes 2016, sections 3.088, subdivision 1; 13.15, subdivision 4; 13.607, by adding a subdivision; 13.6905, subdivision 33; 13.841, subdivision 3; 13.851, subdivision 10; 103B.545, subdivision 2; 123A.46, subdivision 12; 123A.48, subdivisions 14, 15; 123B.09, subdivision 5b; 123B.63, subdivision 3; 126C.17, subdivision 11; 126C.69, subdivision 11; 128D.05, subdivision 2; 200.02, subdivision 4, by adding subdivisions; 201.022, subdivision 1; 201.061, subdivisions 3, 4, 6; 201.091, subdivision 4; 201.121, subdivision 3; 201.225, subdivisions 1, 2, 6; 201.27, subdivision 2; 203B.01, subdivision 2; 203B.04, subdivision 1; 203B.05, subdivision 2; 203B.081, subdivision 1; 203B.085; 203B.11, subdivision 1; 203B.121, subdivisions 1, 2; 203B.15; 204B.09, subdivision 3; 204B.13, subdivision 1; 204B.16, subdivisions 1, 1a; 204B.181, subdivision 2; 204B.21, subdivision 2, by adding a subdivision; 204B.25, subdivision 4; 204B.29; 204B.32; 204B.40; 204B.46; 204C.08, subdivision 4; 204C.10; 204C.12, subdivisions 1, 2, 3; 204C.14, subdivision 1; 204C.20, subdivision 4; 204C.25; 204C.26, subdivision 3; 204C.27; 204C.28, subdivision 3; 204C.29, subdivision 1; 204C.32, subdivision 2; 204C.33, subdivision 3; 204C.36, subdivisions 1, 2, 3, 5; 204D.09, subdivision 1; 204D.19, by adding a subdivision; 205.065, subdivision 5; 205.07, subdivisions 1, 3; 205.10, subdivision 4, by adding a subdivision; 205.175; 205A.03, subdivisions 3, 4; 205A.04, subdivision 3; 205A.05, subdivisions 1, 2, 3, by adding a subdivision; 205A.055, subdivision 2; 205A.06, subdivisions 1, 1a, 2, 5; 205A.07, subdivisions 1, 2, 3, 3a, 3b; 205A.08, subdivision 5; 205A.10, subdivisions 1, 2, 3, 5; 205A.11, subdivision 2a; 206.805, subdivision 1; 208.04, subdivision 1; 209.021, subdivision 3; 211B.11, subdivision 1; 216B.46; 241.065, subdivision 2; 365A.06, subdivision 2; 367.33, subdivision 1; 375.101, subdivision 1; 375B.07, subdivision 2; 375B.10; 383B.031, subdivision 1; 383E.24, subdivision 7; 410.10, subdivision 1; 447.32, subdivision 2; 475.59; proposing coding for new law in Minnesota Statutes, chapters 201; 204C; repealing Minnesota Statutes 2016, sections 201.096; 201.15; 201.155; 201.157; 201.158; 204B.16, subdivision 3; 205.10, subdivision 3; 205A.09; 205A.11, subdivisions 2, 3; 205A.12, subdivision 5a.

 

 

      The bill was read for the third time, as amended, and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 127 yeas and 5 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, P.

Anderson, S.

Anselmo

Applebaum

Backer

Bahr, C.

Baker

Barr, R.

Becker-Finn

Bennett

Bernardy

Bliss

Bly

Carlson, A.

Carlson, L.

Clark

Considine

Cornish

Daniels

Davids

Davnie

Dehn, R.

Dettmer

Drazkowski

Ecklund

Fabian

Fenton

Fischer

Flanagan

Franke

Franson

Freiberg

Garofalo

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen


Journal of the House - 61st Day - Sunday, May 21, 2017 - Top of Page 6576

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Jessup

Johnson, B.

Johnson, C.

Johnson, S.

Jurgens

Kiel

Knoblach

Koegel

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mahoney

Mariani

Marquart

Masin

Maye Quade

McDonald

Metsa

Miller

Moran

Murphy, E.

Murphy, M.

Nash

Nelson

Neu

Newberger

Nornes

O'Driscoll

Olson

Omar

O'Neill

Pelowski

Petersburg

Peterson

Pierson

Pinto

Poppe

Poston

Pryor

Pugh

Rarick

Rosenthal

Runbeck

Sandstede

Sauke

Schomacker

Schultz

Scott

Slocum

Smith

Sundin

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

West

Whelan

Wills

Youakim

Zerwas

Spk. Daudt


 

      Those who voted in the negative were:

 


Christensen

Erickson

Green

Peppin

Quam


 

 

      The bill was passed, as amended, and its title agreed to.

 

 

      Kresha moved that the House recess subject to the call of the Chair.  The motion prevailed.

 

 

RECESS

 

 

RECONVENED

 

      The House reconvened and was called to order by Speaker pro tempore Albright.

 

 

      There being no objection, the order of business reverted to Messages from the Senate.

 

 

MESSAGES FROM THE SENATE

 

 

      The following messages were received from the Senate:

 

 

Mr. Speaker:

 

I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:

 

H. F. No. 1545, A bill for an act relating to agriculture; extending Food Safety and Defense Task Force; modifying definition of animals; amending Minnesota Statutes 2016, sections 28A.21, subdivision 6; 31A.02, subdivision 4.

 

The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee.  Said House File is herewith returned to the House.

 

Cal R. Ludeman, Secretary of the Senate


Journal of the House - 61st Day - Sunday, May 21, 2017 - Top of Page 6577

Mr. Speaker:

 

I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on: 

 

S. F. No. 943, A bill for an act relating to higher education; appropriating money for an education debt relief grant; requiring a report.

 

The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee.  Said Senate File is herewith transmitted to the House.

 

Cal R. Ludeman, Secretary of the Senate

 

 

CONFERENCE COMMITTEE REPORT ON S. F. No. 943

 

A bill for an act relating to higher education; appropriating money for an education debt relief grant; requiring a report.

 

May 21, 2017

The Honorable Michelle L. Fischbach

President of the Senate

 

The Honorable Kurt L. Daudt

Speaker of the House of Representatives

 

We, the undersigned conferees for S. F. No. 943 report that we have agreed upon the items in dispute and recommend as follows:

 

That the House recede from its amendment and that S. F. No. 943 be further amended as follows:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

HIGHER EDUCATION APPROPRIATIONS

 

Section 1.  APPROPRIATIONS. 

 

The sums shown in the columns marked "Appropriations" are appropriated to the agencies and for the purposes specified in this article.  The appropriations are from the general fund, or another named fund, and are available for the fiscal years indicated for each purpose.  The figures "2018" and "2019" used in this article mean that the appropriations listed under them are available for the fiscal year ending June 30, 2018, or June 30, 2019, respectively.  "The first year" is fiscal year 2018.  "The second year" is fiscal year 2019.  "The biennium" is fiscal years 2018 and 2019.

 

 

 

 

APPROPRIATIONS

 

 

 

Available for the Year

 

 

 

Ending June 30

 

 

 

2018

2019

 

Sec. 2.  MINNESOTA OFFICE OF HIGHER EDUCATION

 

 

 

 

Subdivision 1.  Total Appropriation

 

$260,036,000

 

$256,495,000

 

The amounts that may be spent for each purpose are specified in the following subdivisions.


Journal of the House - 61st Day - Sunday, May 21, 2017 - Top of Page 6578

Subd. 2.  State Grants

 

198,206,000

 

198,356,000

 

If the appropriation in this subdivision for either year is insufficient, the appropriation for the other year is available for it.

 

Subd. 3.  Child Care Grants

 

6,694,000

 

6,694,000

 

Subd. 4.  State Work-Study

 

14,502,000

 

14,502,000

 

Subd. 5.  Interstate Tuition Reciprocity

 

11,018,000

 

11,018,000

 

If the appropriation in this subdivision for either year is insufficient, the appropriation for the other year is available to meet reciprocity contract obligations.

 

Subd. 6.  Safety Officer's Survivors

 

100,000

 

100,000

 

This appropriation is to provide educational benefits under Minnesota Statutes, section 299A.45, to eligible dependent children and to the spouses of public safety officers killed in the line of duty.

 

If the appropriation in this subdivision for either year is insufficient, the appropriation for the other year is available for it.

 

Subd. 7.  Indian Scholarships

 

3,500,000

 

3,500,000

 

The commissioner must contract with or employ at least one person with demonstrated competence in American Indian culture and residing in or near the city of Bemidji to assist students with the scholarships under Minnesota Statutes, section 136A.126, and with other information about financial aid for which the students may be eligible.  Bemidji State University must provide office space at no cost to the Office of Higher Education for purposes of administering the American Indian scholarship program under Minnesota Statutes, section 136A.126.  This appropriation includes funding to administer the American Indian scholarship program.

 

Subd. 8.  Tribal College Grants

 

150,000

 

150,000

 

For tribal college assistance grants under Minnesota Statutes, section 136A.1796.

 

Subd. 9.  Intervention for College Attendance Program Grants

 

671,000

 

 

671,000

 

For the intervention for college attendance program under Minnesota Statutes, section 136A.861.


Journal of the House - 61st Day - Sunday, May 21, 2017 - Top of Page 6579

The commissioner may use no more than three percent of this appropriation to administer the intervention for college attendance program grants.

 

Subd. 10.  Student-Parent Information

 

122,000

 

122,000

 

Subd. 11.  Get Ready! 

 

180,000

 

180,000

 

Subd. 12.  Minnesota Education Equity Partnership

 

45,000

 

45,000

 

Subd. 13.  Midwest Higher Education Compact

 

115,000

 

115,000

 

Subd. 14.  United Family Medicine Residency Program

 

501,000

 

501,000

 

For a grant to United Family Medicine residency program.  This appropriation shall be used to support up to 21 resident physicians each year in family practice at United Family Medicine residency programs and shall prepare doctors to practice family care medicine in underserved rural and urban areas of the state.  It is intended that this program will improve health care in underserved communities, provide affordable access to appropriate medical care, and manage the treatment of patients in a cost-effective manner.

 

Subd. 15.  MnLINK Gateway and Minitex

 

5,905,000

 

5,905,000

 

Subd. 16.  Statewide Longitudinal Education Data System

882,000

 

882,000

 

Subd. 17.  Hennepin County Medical Center

 

645,000

 

645,000

 

For transfer to Hennepin County Medical Center for graduate family medical education programs at Hennepin County Medical Center.

 

Subd. 18.  MNSCU Two-Year Public College Program

 

3,481,000

 

-0-

 

(a) $2,780,000 in fiscal year 2018 is for two-year public college program grants under Laws 2015, chapter 69, article 3, section 20.

 

(b) $545,000 in fiscal year 2018 is to provide mentoring and outreach as specified under Laws 2015, chapter 69, article 3, section 20.

 

(c) $156,000 in fiscal year 2018 is for information technology and administrative costs associated with implementation of the grant program.

 

Subd. 19.  College Possible

 

250,000

 

250,000

 

(a) This appropriation is for immediate transfer to College Possible to support programs of college admission and college graduation for low-income students through an intensive curriculum of coaching and support at both the high school and postsecondary level.


Journal of the House - 61st Day - Sunday, May 21, 2017 - Top of Page 6580

(b) This appropriation must, to the extent possible, be proportionately allocated between students from greater Minnesota and students in the seven-county metropolitan area.

 

(c) This appropriation must be used by College Possible only for programs supporting students who are residents of Minnesota and attending colleges or universities within Minnesota.

 

(d) By February 1 of each year, College Possible must report to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over higher education and E-12 education on activities funded by this appropriation.  The report must include, but is not limited to, information about the expansion of College Possible in Minnesota, the number of College Possible coaches hired, the expansion within existing partner high schools, the expansion of high school partnerships, the number of high school and college students served, the total hours of community service by high school and college students, and a list of communities and organizations benefiting from student service hours.

 

Subd. 20.  Spinal Cord Injury and Traumatic Brain Injury Research Grant Program

 

3,000,000

 

 

3,000,000

 

For spinal cord injury and traumatic brain injury research grants authorized under Minnesota Statutes, section 136A.901.

 

The commissioner may use no more than three percent of this appropriation to administer the grant program under this subdivision.

 

Subd. 21.  Summer Academic Enrichment Program

125,000

 

125,000

                                              

For summer academic enrichment grants under Minnesota Statutes, section 136A.091.

 

The commissioner may use no more than three percent of this appropriation to administer the grant program under this subdivision.

 

Subd. 22.  Dual Training Competency Grants; Office of Higher Education

 

2,000,000

 

 

2,000,000

 

For training grants under Minnesota Statutes, section 136A.246.

 

The commissioner may use no more than three percent of this appropriation to administer the grant program under this subdivision.


Journal of the House - 61st Day - Sunday, May 21, 2017 - Top of Page 6581

Subd. 23.  Dual Training Competency Grants; Department of Labor and Industry

 

200,000

 

 

200,000

 

For transfer to the commissioner of labor and industry for identification of competency standards for dual training under Minnesota Statutes, section 175.45.

 

Subd. 24.  Concurrent Enrollment Courses

 

340,000

 

340,000

 

(a) $225,000 in fiscal year 2018 and $225,000 in fiscal year 2019 are for grants to develop new concurrent enrollment courses under Minnesota Statutes, section 124D.09, subdivision 10, that satisfy the elective standard for career and technical education.  Any balance in the first year does not cancel but is available in the second year.

 

(b) $115,000 in fiscal year 2018 and $115,000 in fiscal year 2019 are for grants to postsecondary institutions currently sponsoring a concurrent enrollment course to expand existing programs.  The commissioner shall determine the application process and the grant amounts.  The commissioner must give preference to expanding programs that are at capacity.  Any balance in the first year does not cancel but is available in the second year.

 

(c) By December 1 of each year, the office shall submit a brief report to the chairs and ranking minority members of the legislative committees with jurisdiction over higher education regarding:

 

(1) the courses developed by grant recipients and the number of students who enrolled in the courses under paragraph (a); and

 

(2) the programs expanded and the number of students who enrolled in programs under paragraph (b).

 

Subd. 25.  Campus Sexual Assault Reporting

 

25,000

 

25,000

 

For the sexual assault reporting required under Minnesota Statutes, section 135A.15.

 

Subd. 26.  Campus Sexual Violence Prevention and Response Coordinator

 

150,000

 

 

150,000

 

For the Office of Higher Education to staff a campus sexual violence prevention and response coordinator to serve as a statewide resource providing professional development and guidance on best practices for postsecondary institutions.  $50,000 each year are for administrative funding to conduct trainings and provide materials to postsecondary institutions.


Journal of the House - 61st Day - Sunday, May 21, 2017 - Top of Page 6582

Subd. 27.  Addiction Medicine Graduate Fellowship Program

210,000

 

-0-

 

For the addiction medicine graduate fellowship program under Laws 2016, chapter 189, article 1, section 2, subdivision 4.

 

Subd. 28.  Student and Employer Connection Information System

 

405,000

 

 

405,000

 

For a grant to the Minnesota Chamber Foundation for the creation of a web-based job and intern-seeking software tool that blind matches the needs of employers located in Minnesota with the individual profiles of high school seniors and postsecondary students attending Minnesota high schools and postsecondary institutions.  No more than three percent of this appropriation may be used for administrative expenses of the foundation.  The foundation must report by January 15, 2019, on activities under this subdivision to the chairs and ranking minority members of the legislative committees with jurisdiction over higher education finance.

 

Subd. 29.  Emergency Assistance for Postsecondary Students

175,000

 

175,000

 

(a) This appropriation is for the Office of Higher Education to allocate grant funds on a matching basis to schools with a demonstrable homeless student population.

 

(b) This appropriation shall be used to meet immediate student needs that could result in a student not completing the term or their program including, but not limited to, emergency housing, food, and transportation.  Emergency assistance does not impact the amount of state financial aid received.

 

(c) The commissioner shall determine the application process and the grant amounts.  Any balance in the first year does not cancel but shall be available in the second year.  The Office of Higher Education shall partner with interested postsecondary institutions, other state agencies, and student groups to establish the programs.

 

Subd. 30.  Grants to Teacher Candidates

 

500,000

 

500,000

 

For grants to teacher candidates under Minnesota Statutes, section 136A.1275.  This appropriation is in addition to the money available under Laws 2016, chapter 189, article 25, section 62, subdivision 11.

 

The commissioner may use no more than three percent of the appropriation for administration of the program.


Journal of the House - 61st Day - Sunday, May 21, 2017 - Top of Page 6583

Subd. 31.  Teacher Shortage Loan Forgiveness

 

200,000

 

200,000

 

For the loan forgiveness program under Minnesota Statutes, section 136A.1791.

 

The commissioner may use no more than three percent of this appropriation to administer the program under this subdivision.

 

Subd. 32.  Large Animal Veterinarian Loan Forgiveness Program

 

375,000

 

 

375,000

 

For the large animal veterinarian loan forgiveness program under Minnesota Statutes, section 136A.1795.

 

Subd. 33.  Agricultural Educators Loan Forgiveness

50,000

 

50,000

 

For deposit in the agricultural education loan forgiveness account.

 

Subd. 34.  Aviation Degree Loan Forgiveness Program

25,000

 

25,000

 

For the aviation degree loan forgiveness program under Minnesota Statutes, section 136A.1789.

 

Subd. 35.  Grants for Students with Intellectual and Developmental Disabilities

 

200,000

 

 

200,000

 

For grants for students with intellectual and developmental disabilities under Minnesota Statutes, section 136A.1215.

 

Subd. 36.  Loan Repayment Assistance Program

 

25,000

 

25,000

 

For a grant to the Loan Repayment Assistance Program of Minnesota to provide education debt relief to attorneys with full‑time employment providing legal advice or representation to low-income clients or support services for this work.

 

Subd. 37.  Minnesota Life College

 

1,000,000

 

1,000,000

 

For a grant to Minnesota Life College for need-based scholarships and tuition reduction.

 

Subd. 38.  Agency Administration

 

4,064,000

 

4,064,000

 

Subd. 39.  Balances Forward

 

 

 

 

 

A balance in the first year under this section does not cancel, but is available for the second year.


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Subd. 40.  Transfers

 

 

 

 

 

The commissioner of the Office of Higher Education may transfer unencumbered balances from the appropriations in this section to the state grant appropriation, the interstate tuition reciprocity appropriation, the child care grant appropriation, the Indian scholarship appropriation, the state work-study appropriation, the get ready appropriation, and the public safety officers' survivors appropriation.  Transfers from the child care or state work-study appropriations may only be made to the extent there is a projected surplus in the appropriation.  A transfer may be made only with prior written notice to the chairs and ranking minority members of the senate and house of representatives committees with jurisdiction over higher education finance.

 

Sec. 3.  BOARD OF TRUSTEES OF THE MINNESOTA STATE COLLEGES AND UNIVERSITIES

 

 

 

 

Subdivision 1.  Total Appropriation

 

$731,019,000

 

$721,919,000

 

The amounts that may be spent for each purpose are specified in the following subdivisions.

 

Subd. 2.  Central Office and Shared Services Unit

 

33,074,000

 

33,074,000

 

For the Office of the Chancellor and the Shared Services Division.

 

Subd. 3.  Operations and Maintenance

 

693,830,000

 

684,730,000

 

(a) The Board of Trustees must establish tuition rates as follows:

 

(1) for the 2017-2018 academic year, the tuition rate at colleges must not exceed the 2016-2017 academic year rate by more than one percent; and

 

(2) for the 2018-2019 academic year, the tuition rates for undergraduates at colleges and universities must not exceed the 2017-2018 academic year rates.

 

The student tuition relief may not be offset by increases in mandatory fees, charges, or other assessments to the student.  Colleges and universities are permitted to increase differential tuition charges in fiscal years 2018 and 2019 where costs for course or program delivery have increased due to extraordinary circumstances beyond the control of the college or university.  Rates and rationale must be approved by the Board of Trustees.

 

(b) $3,000,000 in fiscal year 2018 and $3,000,000 in fiscal year 2019 are to provide the supplemental aid under article 2, section 23.


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(c) The Board of Trustees is requested to help Minnesota close the attainment gap by funding activities which improve retention and completion for students of color.

 

(d) This appropriation includes $1,000,000 in fiscal year 2019 for workforce development scholarships under Minnesota Statutes, section 136F.38.  The base for this appropriation in fiscal year 2020 is $500,000.

 

(e) $200,000 each year is for transfer to the Cook County Higher Education Board to provide educational programming and academic support services to remote regions in northeastern Minnesota.  The Cook County Higher Education Board shall continue to provide information to the Board of Trustees on the number of students served, credit hours delivered, and services provided to students.

 

(f) $50,000 in fiscal year 2018 and $50,000 in fiscal year 2019 are for developing and teaching online agricultural courses by farm business management faculty at colleges that offer farm business management.

 

(g) $175,000 in fiscal year 2018 and $175,000 in fiscal year 2019 are for the veterans-to-agriculture pilot program established by Laws 2015, chapter 69, article 1, section 4, subdivision 3.  The program shall continue to conform to the requirements of that subdivision.  The appropriation shall be used to support, in equal amounts, up to six program sites statewide.  No more than two percent of the total appropriation provided by this section may be used for administrative purposes at the system level.

 

No later than December 15, 2018, the program shall report to the committees of the house of representatives and the senate with jurisdiction over issues related to agriculture, veterans affairs, and higher education on program operations, including information on participation rates, new job placements, and any unmet needs.

 

(h) This appropriation includes $40,000 in fiscal year 2018 and $40,000 in fiscal year 2019 to implement the sexual assault policies required under Minnesota Statutes, section 135A.15.

 

(i) This appropriation includes $4,000,000 in fiscal year 2018 and $4,000,000 in fiscal year 2019 for upgrading the Integrated Statewide Record System.

 

(j) $100,000 in fiscal year 2018 is for use by Winona State University for HealthForce Minnesota to develop educational materials that increase awareness of career opportunities available in the field of senior care.  The educational materials developed under this provision must be appropriate for students in K-12 education settings, dislocated workers, and rural communities.  Materials must be developed in collaboration with employers and trade organizations representing employers in the field of senior care.


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Winona State University shall submit a report by February 1, 2019, to the chairs and ranking minority members of the legislative committees with jurisdiction over higher education finance and policy.  The report must include information about the materials developed, to whom materials were distributed, and identify any collaborations with employers and trade organizations.

 

Subd. 4.  Learning Network of Minnesota

 

4,115,000

 

4,115,000

 

Sec. 4.  BOARD OF REGENTS OF THE UNIVERSITY OF MINNESOTA

 

 

 

 

Subdivision 1.  Total Appropriation

 

$660,843,000

 

$650,793,000

 

Appropriations by Fund

 

 

2018

2019

 

General

658,686,000

648,636,000

Health Care Access

2,157,000

2,157,000

 

The amounts that may be spent for each purpose are specified in the following subdivisions.

 

Subd. 2.  Operations and Maintenance

 

590,248,000

 

580,198,000

 

(a) The Board of Regents is requested to set resident tuition rates for academic year 2018-2019 at levels not to exceed the rates for academic year 2017-2018.

 

(b) $15,000,000 in fiscal year 2018 and $15,000,000 in fiscal year 2019 are to:  (1) increase the medical school's research capacity; (2) improve the medical school's ranking in National Institutes of Health funding; (3) ensure the medical school's national prominence by attracting and retaining world-class faculty, staff, and students; (4) invest in physician training programs in rural and underserved communities; and (5) translate the medical school's research discoveries into new treatments and cures to improve the health of Minnesotans.

 

(c) $7,800,000 in fiscal year 2018 and $7,800,000 in fiscal year 2019 are for health training restoration.  This appropriation must be used to support all of the following:  (1) faculty physicians who teach at eight residency program sites, including medical resident and student training programs in the Department of Family Medicine; (2) the Mobile Dental Clinic; and (3) expansion of geriatric education and family programs.

 

(d) $4,000,000 in fiscal year 2018 and $4,000,000 in fiscal year 2019 are for the Minnesota Discovery, Research, and InnoVation Economy funding program for cancer care research.


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(e) $50,000 in fiscal year 2018 is to develop and implement a plan to offer the academic program for students with intellectual and developmental disabilities required in article 2, section 17.  The Board of Regents must submit a report on the plan to the chairs and ranking minority members of the committees of the legislature with jurisdiction over higher education finance and policy no later than January 15, 2018.  The report must describe program plans, including strategies for recruitment of applicants, and strategies to address anticipated program needs that cannot be filled using existing campus or system resources.  This is a onetime appropriation.

 

(f) $500,000 in fiscal year 2018 and $500,000 in fiscal year 2019 are for the University of Minnesota, Morris branch, to cover the costs of tuition waivers under Minnesota Statutes, section 137.16.

 

Subd. 3.  Primary Care Education Initiatives

 

2,157,000

 

2,157,000

 

This appropriation is from the health care access fund.

 

Subd. 4.  Special Appropriations

 

 

 

 

 

(a) Agriculture and Extension Service

 

42,922,000

 

42,922,000

 

For the Agricultural Experiment Station and the Minnesota Extension Service:

 

(1) the agricultural experiment stations and Minnesota Extension Service must convene agricultural advisory groups to focus research, education, and extension activities on producer needs and implement an outreach strategy that more effectively and rapidly transfers research results and best practices to producers throughout the state;

 

(2) this appropriation includes funding for research and outreach on the production of renewable energy from Minnesota biomass resources, including agronomic crops, plant and animal wastes, and native plants or trees.  The following areas should be prioritized and carried out in consultation with Minnesota producers, renewable energy, and bioenergy organizations:

 

(i) biofuel and other energy production from perennial crops, small grains, row crops, and forestry products in conjunction with the Natural Resources Research Institute (NRRI);

 

(ii) alternative bioenergy crops and cropping systems; and

 

(iii) biofuel coproducts used for livestock feed;


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(3) this appropriation includes funding for the College of Food, Agricultural, and Natural Resources Sciences to establish and provide leadership for organic agronomic, horticultural, livestock, and food systems research, education, and outreach and for the purchase of state-of-the-art laboratory, planting, tilling, harvesting, and processing equipment necessary for this project;

 

(4) this appropriation includes funding for research efforts that demonstrate a renewed emphasis on the needs of the state's agriculture community.  The following areas should be prioritized and carried out in consultation with Minnesota farm organizations:

 

(i) vegetable crop research with priority for extending the Minnesota vegetable growing season;

 

(ii) fertilizer and soil fertility research and development;

 

(iii) soil, groundwater, and surface water conservation practices and contaminant reduction research;

 

(iv) discovering and developing plant varieties that use nutrients more efficiently;

 

(v) breeding and development of turf seed and other biomass resources in all three Minnesota biomes;

 

(vi) development of new disease-resistant and pest-resistant varieties of turf and agronomic crops;

 

(vii) utilizing plant and livestock cells to treat and cure human diseases;

 

(viii) the development of dairy coproducts;

 

(ix) a rapid agricultural response fund for current or emerging animal, plant, and insect problems affecting production or food safety;

 

(x) crop pest and animal disease research;

 

(xi) developing animal agriculture that is capable of sustainably feeding the world;

 

(xii) consumer food safety education and outreach;

 

(xiii) programs to meet the research and outreach needs of organic livestock and crop farmers; and

 

(xiv) alternative bioenergy crops and cropping systems; and growing, harvesting, and transporting biomass plant material; and


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(5) by February 1, 2019, the Board of Regents must submit a report to the legislative committees and divisions with jurisdiction over agriculture and higher education finance on the status and outcomes of research and initiatives funded in this paragraph.

 

(b) Health Sciences

 

9,204,000

 

9,204,000

 

$346,000 each year is to support up to 12 resident physicians in the St. Cloud Hospital family practice residency program.  The program must prepare doctors to practice primary care medicine in rural areas of the state.  The legislature intends this program to improve health care in rural communities, provide affordable access to appropriate medical care, and manage the treatment of patients in a more cost-effective manner.  The remainder of this appropriation is for the rural physicians associates program; the Veterinary Diagnostic Laboratory; health sciences research; dental care; the Biomedical Engineering Center; and the collaborative partnership between the University of Minnesota and Mayo Clinic for regenerative medicine, research, clinical translation, and commercialization.

 

(c) Institute of Technology

 

1,140,000

 

1,140,000

 

For the geological survey and the talented youth mathematics program.

 

(d) System Special

 

7,181,000

 

7,181,000

 

For general research, the Labor Education Service, Natural Resources Research Institute, Center for Urban and Regional Affairs, Bell Museum of Natural History, and the Humphrey exhibit.

 

$2,000,000 in fiscal year 2018 and $2,000,000 in fiscal year 2019 are for the Natural Resources Research Institute to invest in applied research for economic development.

 

(e) University of Minnesota and Mayo Foundation Partnership

 

7,991,000

 

 

7,991,000

 

This appropriation is for the following activities:

 

(1) $7,491,000 in fiscal year 2018 and $7,491,000 in fiscal year 2019 are for the direct and indirect expenses of the collaborative research partnership between the University of Minnesota and the Mayo Foundation for research in biotechnology and medical genomics.  An annual report on the expenditure of these funds must be submitted to the governor and the chairs of the legislative committees responsible for higher education finance by June 30 of each fiscal year.


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(2) $500,000 in fiscal year 2018 and $500,000 in fiscal year 2019 are to award competitive grants to conduct research into the prevention, treatment, causes, and cures of Alzheimer's disease and other dementias.

 

Subd. 5.  Academic Health Center

 

 

 

 

 

The appropriation for Academic Health Center funding under Minnesota Statutes, section 297F.10, is estimated to be $22,250,000 each year.

 

Sec. 5.  MAYO CLINIC

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

$1,351,000

 

$1,351,000

 

The amounts that may be spent are specified in the following subdivisions.

 

Subd. 2.  Medical School

 

665,000

 

665,000

 

The state must pay a capitation each year for each student who is a resident of Minnesota.  The appropriation may be transferred between each year of the biennium to accommodate enrollment fluctuations.  It is intended that during the biennium the Mayo Clinic use the capitation money to increase the number of doctors practicing in rural areas in need of doctors.

 

Subd. 3.  Family Practice and Graduate Residency Program

686,000

 

686,000

 

The state must pay stipend support for up to 27 residents each year.

 

ARTICLE 2

HIGHER EDUCATION POLICY

 

Section 1.  Minnesota Statutes 2016, section 43A.06, subdivision 1, is amended to read:

 

Subdivision 1.  General.  (a) The commissioner shall perform the duties assigned to the commissioner by sections 3.855, 179A.01 to 179A.25 and this section.

 

(b) The commissioner shall be the state labor negotiator for purposes of negotiating and administering agreements with exclusive representatives of employees and shall perform any other duties delegated by the commissioner subject to the limitations in paragraph (c).

 

(c) The Board of Trustees of the Minnesota State Colleges and Universities may exercise the powers under this section for employees included in the units provided in clauses (9), (10), and (11) of section 179A.10, subdivision 2, except with respect to sections 43A.22 to 43A.31, which shall continue to be the responsibility of the commissioner.  The commissioner shall have the right to review and comment to the Minnesota State Colleges and Universities on the board's final proposals prior to exchange of final positions with the designated bargaining units as well as any requests for interest arbitration.  The legislature encourages the Board of Trustees, in coordination with the commissioner of management and budget and the Board of Regents of the University of Minnesota, to endeavor in collective bargaining negotiations to seek fiscal balance recognizing the ability of the employer to fund the


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agreements or awards.  When submitting a proposed collective bargaining agreement to the Legislative Coordinating Commission and the legislature under section 3.855, subdivision 2, the Board of Trustees must use procedures and assumptions consistent with those used by the commissioner in calculating the costs of the proposed contract.  The Legislative Coordinating Commission must, when considering a collective bargaining agreement or arbitration award submitted by the Board of Trustees, evaluate market conditions affecting the employees in the bargaining unit, equity with other bargaining units in the executive branch, and the ability of the trustees and the state to fund the agreement or award.

 

Sec. 2.  Minnesota Statutes 2016, section 135A.031, subdivision 7, is amended to read:

 

Subd. 7.  Reports.  (a) The University of Minnesota and the Minnesota State Colleges and Universities systems shall include in their biennial budget proposals to the legislature:

 

(1) a five-year history of systemwide expenditures, reported by:

 

(i) functional areas, including instruction, research, public service, student financial aid, and auxiliary services, and including direct costs and indirect costs, such as institutional support, academic support, student services, and facilities management, associated with each functional area; and

 

(ii) objects of expenditure, such as salaries, benefits, supplies, and equipment, including a full explanation of all material changes to the expenditure categories when compared to the prior fiscal year;

 

(2) a five-year history of the system's total instructional expenditures per full-year equivalent student, by level of instruction, including upper-division undergraduate, lower-division undergraduate, graduate, professional, and other categories of instructional programs offered by the system;

 

(3) a five-year history of the system's total revenues by funding source, including tuition, state operations and maintenance appropriations, state special appropriations, other restricted state funds, federal appropriations, sponsored research funds, gifts, auxiliary revenue, indirect cost recovery, and any other revenue sources;

 

(4) an explanation describing how state appropriations made to the system in the previous biennium were allocated and the methodology used to determine the allocation;

 

(5) data describing how the institution reallocated resources to advance the priorities set forth in the budget submitted under section 135A.034 and the statewide objectives under section 135A.011.  The information must indicate whether instruction and support programs received a reduction in or additional resources.  The total amount reallocated must be clearly explained;

 

(6) the tuition rates and fees established by the governing board in each of the past ten years and comparison data for peer institutions and national averages;

 

(7) data on the number and proportion of students graduating within four, five, and six years from universities and within three years from colleges as reported in the integrated postsecondary education data system.  These data must be provided for each institution by race, ethnicity, and gender.  Data and information must be submitted that describe the system's plan and progress toward attaining the goals set forth in the plan to increase the number and proportion of students that graduate within four, five, or six years from a university or within three years from a college;


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(8) data on, and the methodology used to measure, the number of students traditionally underrepresented in higher education enrolled at the system's institutions.  Data and information must be submitted that describe the system's plan and progress toward attaining the goals set forth in the plan to increase the recruitment, retention, and timely graduation of students traditionally underrepresented in higher education; and

 

(9) data on the revenue received from all sources to support research or workforce development activities or the system's efforts to license, sell, or otherwise market products, ideas, technology, and related inventions created in whole or in part by the system.  Data and information must be submitted that describe the system's plan and progress toward attaining the goals set forth in the plan to increase the revenue received to support research or workforce development activities or revenue received from the licensing, sale, or other marketing and technology transfer activities by the system;

 

(10) data on consulting contracts from the last two completed fiscal years for which the work is performed by a consultant who is not an employee of the system, for which the system paid in excess of $500,000.  Data must include the name of the consultant, the total value of the contract, a description of the work completed, and a description of the reasons for using an outside consultant and not internal staff.  Consulting contracts are defined as contracts from management, investment and financial advisory services, project management, computer/technology advisory services, and construction project management; and

 

(11) aggregate data on the following:

 

(i) student demographics;

 

(ii) a five-year history of student enrollment, including student enrollment by legislative district;

 

(iii) a five-year history of student debt;

 

(iv) a five-year history of mandatory student fees by campus;

 

(v) employee head count and employee demographics;

 

(vi) facilities, including physical space overview, condition, square footage, distribution by region, any deferred maintenance, and capital bonding requested and received;

 

(vii) administrative costs, including the definition of "administrators" used by the system, the total number of "administrators" as percent of total employee head count, and system office budget for Minnesota State Colleges and Universities as percent of total system general fund revenue; and

 

(viii) college and university operating budgets.

 

(b) Data required by this subdivision shall be submitted by the public postsecondary systems to the Minnesota Office of Higher Education and the Department of Management and Budget and included in the biennial budget document.  Representatives from each system, in consultation with the commissioner of management and budget and the commissioner of the Office of Higher Education, shall develop consistent reporting practices for this purpose.

 

(c) To the extent practicable, each system shall develop the ability to respond to legislative requests for financial analyses that are more detailed than those required by this subdivision, including but not limited to analyses that show expenditures or revenues by institution or program, or in multiple categories of expenditures or revenues, and analyses that show revenue sources for particular types of expenditures.


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Sec. 3.  [135A.0434] MANDATORY STUDENT ACTIVITY FEES REFERENDUM.

 

Subdivision 1.  Referendum.  The governing body of a public postsecondary institution must not increase mandatory student activity fees by greater than two percent relative to the previous academic year unless the increase is approved by a majority of students voting in a campus referendum.  This section does not apply to fees paid by students that are directly related to academic, administrative, health services, or debt obligations, including bonds issued under sections 136F.90 to 136F.98.  The Board of Regents of the University of Minnesota is requested to adopt a policy implementing this section.

 

Subd. 2.  Penalty.  If the Board of Regents of the University of Minnesota increases mandatory student activity fees by more than two percent without approval by a vote of the student body as described in subdivision 1, the commissioner of management and budget shall deduct from the university's appropriation base an amount equal to one percent of the university's appropriation base in the first year of the next biennium.

 

EFFECTIVE DATE.  This section is effective beginning September 1, 2017, and applies to actions taken by a governing body of a public postsecondary institution.

 

Sec. 4.  [135A.158] INFORMATION PROVIDED TO STUDENT PARENTS AND PREGNANT STUDENTS.

 

A public or regionally accredited private postsecondary educational institution must provide information according to this section to students who are parents of one or more children age 12 or younger, and to students who notify the institution that they are pregnant.  The information must include a fact sheet on the legal rights of student parents and pregnant students and a list of resources to support student parents and pregnant students.  The list of resources may include resources for prenatal care, child care, transportation, and housing.  This information must be available in languages that reflect the primary languages of the institution's student body.  The Board of Regents of the University of Minnesota is requested to comply with this section.

 

Sec. 5.  [136A.055] DEVELOPMENTAL EDUCATION REPORTING.

 

(a) The commissioner must report on the department's Web site the following summary data on students who graduated from a Minnesota high school and are attending a public postsecondary institution in Minnesota, limited to the most recent academic school year:

 

(1) the number of students placed in supplemental or developmental education;

 

(2) the number of students who complete supplemental or developmental education within one academic year;

 

(3) the number of students that complete gateway courses in one academic year; and

 

(4) time to complete a degree or certificate at a postsecondary institution.

 

(b) Summary data must be aggregated by school district, high school, and postsecondary institution.  Summary data must be disaggregated by race, ethnicity, free or reduced-price lunch eligibility, and age.

 

(c) The commissioner must post the initial data on the department's Web site on or before February 15, 2018, and must update the data at least annually thereafter.


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Sec. 6.  Minnesota Statutes 2016, section 136A.101, subdivision 5a, is amended to read:

 

Subd. 5a.  Assigned family responsibility.  "Assigned family responsibility" means the amount of a family's contribution to a student's cost of attendance, as determined by a federal need analysis.  For dependent students, the assigned family responsibility is 94 84 percent of the parental contribution.  For independent students with dependents other than a spouse, the assigned family responsibility is 86 76 percent of the student contribution.  For independent students without dependents other than a spouse, the assigned family responsibility is 50 40 percent of the student contribution.

 

Sec. 7.  Minnesota Statutes 2016, section 136A.121, subdivision 6, is amended to read:

 

Subd. 6.  Cost of attendance.  (a) The recognized cost of attendance consists of:  (1) an allowance specified in law for living and miscellaneous expenses, and (2) an allowance for tuition and fees equal to the lesser of the average tuition and fees charged by the institution, or a tuition and fee maximum if one is established in law.  If no living and miscellaneous expense allowance is established in law, the allowance is equal to 101 percent of the federal poverty guidelines for a one person household in Minnesota for nine months.  If no tuition and fee maximum is established in law, the allowance for tuition and fees is equal to the lesser of:  (1) the average tuition and fees charged by the institution, and (2) for two-year programs, an amount equal to the highest tuition and fees charged at a public two-year institution, or for four-year programs, an amount equal to the highest tuition and fees charged at a public university.

 

(b) For a student registering for less than full time, the office shall prorate the cost of attendance to the actual number of credits for which the student is enrolled.

 

(c) The recognized cost of attendance for a student who is confined to a Minnesota correctional institution shall consist of the tuition and fee component in paragraph (a), with no allowance for living and miscellaneous expenses.

 

(d) For the purpose of this subdivision, "fees" include only those fees that are mandatory and charged to full‑time resident students attending the institution.  Fees do not include charges for tools, equipment, computers, or other similar materials where the student retains ownership.  Fees include charges for these materials if the institution retains ownership.  Fees do not include optional or punitive fees.

 

Sec. 8.  [136A.1215] GRANTS FOR STUDENTS WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES.

 

Subdivision 1.  Establishment.  A program is established to provide financial assistance to students with intellectual and developmental disabilities that attend a Minnesota postsecondary institution.

 

Subd. 2.  Eligible students.  A postsecondary student is eligible for a grant under this section if the student:

 

(1) meets the eligibility requirements in section 136A.121, subdivision 2;

 

(2) is a student with an intellectual disability, as defined in Code of Federal Regulations, title 34, section 668.231, and is enrolled in a comprehensive transition and postsecondary program under that section; and

 

(3) attends an eligible institution, as defined in section 136A.101, subdivision 4.

 

Subd. 3.  Application.  To receive a grant under this section, a student must apply in the form and manner specified by the commissioner.


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Subd. 4.  Grant amounts.  (a) The amount of a grant under this section equals the tuition and fees at the student's postsecondary institution, minus:

 

(1) any Pell or state grants the student receives; and

 

(2) any institutional aid the student receives.

 

(b) If appropriations are insufficient to provide the full amount calculated under paragraph (a) to all eligible applicants, the commissioner must reduce the grants of all recipients proportionally.

 

Subd. 5.  Reporting.  By February 15 of each year, the commissioner of higher education must submit a report on the details of the program under this section to the legislative committees with jurisdiction over higher education finance and policy.  The report must include the following information, broken out by postsecondary institution:

 

(1) the number of students receiving an award;

 

(2) the average and total award amounts; and

 

(3) summary demographic data on award recipients.

 

Sec. 9.  Minnesota Statutes 2016, section 136A.125, subdivision 2, is amended to read:

 

Subd. 2.  Eligible students.  (a) An applicant is eligible for a child care grant if the applicant:

 

(1) is a resident of the state of Minnesota or the applicant's spouse is a resident of the state of Minnesota;

 

(2) has a child 12 years of age or younger, or 14 years of age or younger who is disabled as defined in section 125A.02, and who is receiving or will receive care on a regular basis from a licensed or legal, nonlicensed caregiver;

 

(3) is income eligible as determined by the office's policies and rules, but is not a recipient of assistance from the Minnesota family investment program;

 

(4) either has not earned a baccalaureate degree and has been enrolled full time less than eight ten semesters or the equivalent, or has earned a baccalaureate degree and has been enrolled full time less than eight ten semesters or the equivalent in a graduate or professional degree program;

 

(5) is pursuing a nonsectarian program or course of study that applies to an undergraduate, graduate, or professional degree, diploma, or certificate;

 

(6) is enrolled in at least six credits in an undergraduate program or one credit in a graduate or professional program in an eligible institution; and

 

(7) is in good academic standing and making satisfactory academic progress.

 

(b) A student who withdraws from enrollment for active military service after December 31, 2002, because the student was ordered to active military service as defined in section 190.05, subdivision 5b or 5c, or for a major illness, while under the care of a medical professional, that substantially limits the student's ability to complete the term is entitled to an additional semester or the equivalent of grant eligibility and will be considered to be in continuing enrollment status upon return.


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Sec. 10.  Minnesota Statutes 2016, section 136A.125, subdivision 4, is amended to read:

 

Subd. 4.  Amount and length of grants.  (a) The amount of a child care grant must be based on:

 

(1) the income of the applicant and the applicant's spouse;

 

(2) the number in the applicant's family, as defined by the office; and

 

(3) the number of eligible children in the applicant's family.

 

(b) The maximum award to the applicant shall be $2,800 $3,000 for each eligible child per academic year, except that the campus financial aid officer may apply to the office for approval to increase grants by up to ten percent to compensate for higher market charges for infant care in a community.  The office shall develop policies to determine community market costs and review institutional requests for compensatory grant increases to ensure need and equal treatment.  The office shall prepare a chart to show the amount of a grant that will be awarded per child based on the factors in this subdivision.  The chart shall include a range of income and family size.

 

(c) Applicants with family incomes at or below a percentage of the federal poverty level, as determined by the commissioner, will qualify for the maximum award.  The commissioner shall attempt to set the percentage at a level estimated to fully expend the available appropriation for child care grants.  Applicants with family incomes exceeding that threshold will receive the maximum award minus ten percent of their income exceeding that threshold.  If the result is less than zero, the grant is zero.

 

(d) The academic year award amount must be disbursed by academic term using the following formula:

 

(1) the academic year amount described in paragraph (b);

 

(2) divided by the number of terms in the academic year;

 

(3) divided by 15 for undergraduate students and six for graduate and professional students; and

 

(4) multiplied by the number of credits for which the student is enrolled that academic term, up to 15 credits for undergraduate students and six for graduate and professional students.

 

(e) Payments shall be made each academic term to the student or to the child care provider, as determined by the institution.  Institutions may make payments more than once within the academic term.

 

Sec. 11.  Minnesota Statutes 2016, section 136A.1275, is amended to read:

 

136A.1275 GRANTS TO STUDENT TEACHERS IN SHORTAGE AREAS TEACHER CANDIDATE GRANTS.

 

Subdivision 1.  Establishment.  (a) The commissioner of the Office of Higher Education must establish a grant program for student teaching stipends for low-income students enrolled in a Board of Teaching-approved teacher preparation program who are interested in teaching in a high needs subject area or region intend to teach in a shortage area after graduating and receiving their teaching license or belong to an underrepresented racial or ethnic group.  For purposes of this section, "high needs subject area or region" means a shortage of teachers teaching in particular subject areas or a shortage of teachers teaching in particular regions of the state identified in the commissioner of education's biennial survey of districts under section 127A.05, subdivision 6, or in another Department of Education survey on teacher shortages.


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(b) "Shortage area" means a license field or economic development region within Minnesota defined as a shortage area by the Department of Education using data collected for the teacher supply and demand report under section 127A.05, subdivision 6, or other surveys conducted by the Department of Education that provide indicators for teacher supply and demand.

 

Subd. 2.  Eligibility.  To be eligible for a grant under this section, a teacher candidate must:

 

(1) be enrolled in a Board of Teaching-approved teacher preparation program that requires at least 12 weeks of student teaching and results in the teacher candidate receiving in order to be recommended for a full professional teaching license enabling the licensee to teach in a high needs subject area or region; and

 

(2) demonstrate financial need based on criteria established by the commissioner under subdivision 3;

 

(3) intend to teach in a shortage area or belong to an underrepresented racial or ethnic group; and

 

(4) be meeting satisfactory academic progress as defined under section 136A.101, subdivision 10.

 

Subd. 3.  Administration; repayment.  (a) The commissioner must establish an application process and other guidelines for implementing this program, including repayment responsibilities for stipend recipients who do not complete student teaching or who leave Minnesota to teach in another state during the first year after student teaching.

 

(b) The commissioner must determine each academic year the stipend amount up to $7,500 based on the amount of available funding and, the number of eligible applicants, and the financial need of the applicants.

 

(c) The percentage of the total award reserved for teacher candidates who identify as belonging to an underrepresented racial or ethnic group must be equal to or greater than the total percentage of students of underrepresented racial or ethnic groups as measured under section 120B.35, subdivision 3.  If this percentage cannot be met because of a lack of qualifying candidates, the remaining amount may be awarded to teacher candidates who intend to teach in a shortage area.

 

Sec. 12.  [136A.1789] AVIATION DEGREE LOAN FORGIVENESS PROGRAM.

 

Subdivision 1.  Definitions.  (a) For purposes of this section, the terms in this subdivision have the meanings given them.

 

(b) "Qualified aircraft technician" means an individual who (1) has earned an associate's or bachelor's degree from a postsecondary institution located in Minnesota, and (2) has obtained an aviation mechanic's certificate from the Federal Aviation Administration.

 

(c) "Qualified education loan" means a government, commercial, or foundation loan used by an individual for actual costs paid for tuition to a postsecondary institution located in Minnesota for a professional flight training degree.

 

(d) "Qualified pilot" means an individual who (1) has earned an associate's or bachelor's degree in professional flight training from a postsecondary institution located in Minnesota, and (2) is in the process of obtaining or has obtained an airline transport pilot certificate.

 

Subd. 2.  Creation of account.  (a) An aviation degree loan forgiveness program account is established to provide qualified pilots and qualified aircraft technicians with financial assistance in repaying qualified education loans.  The commissioner must use money from the account to establish and administer the aviation degree loan forgiveness program.


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(b) Appropriations made to the aviation degree loan forgiveness program account do not cancel and are available until expended.

 

Subd. 3.  Eligibility.  (a) To be eligible to participate in the loan forgiveness program under this section, an individual must:

 

(1) be a qualified pilot or qualified aircraft technician;

 

(2) have qualified education loans;

 

(3) reside in Minnesota; and

 

(4) submit an application to the commissioner in the form and manner prescribed by the commissioner.

 

(b) An applicant selected to participate must sign a contract to agree to serve a minimum one-year full-time service obligation according to subdivision 4.  To complete the service obligation, the applicant must work full time in Minnesota as a qualified pilot or qualified aircraft technician.  A participant must complete one year of service under this paragraph for each year the participant receives an award under this section.

 

Subd. 4.  Service obligation.  (a) Before receiving loan repayment disbursements and as requested, a participant must verify to the commissioner that the participant is employed in a position that fulfills the service obligation as required under subdivision 3, paragraph (b).

 

(b) If a participant does not fulfill the required service obligation, the commissioner must collect from the participant the total amount paid to the participant under the loan forgiveness program plus interest at a rate established according to section 270C.40.  The commissioner must deposit the money collected in the aviation degree loan forgiveness account.  The commissioner must allow waivers of all or part of the money owed the commissioner as a result of a nonfulfillment penalty if emergency circumstances prevented fulfillment of the minimum service commitment.

 

Subd. 5.  Loan forgiveness.  (a) The commissioner may select eligible applicants each year for participation in the aviation degree loan forgiveness program, within the limits of available funding.  Applicants are responsible for securing their own qualified education loans.

 

(b) For each year that the participant meets the eligibility requirements under subdivision 3, the commissioner must make annual disbursements directly to:

 

(1) a selected qualified pilot of $5,000 or the balance of the participant's qualified education loans, whichever is less; and

 

(2) a selected qualified aircraft technician of $3,000 or the balance of the participant's qualified education loans, whichever is less.

 

(c) An individual may receive disbursements under this section for a maximum of five years.

 

(d) The participant must provide the commissioner with verification that the full amount of the loan repayment disbursement received by the participant has been applied toward the designated qualified education loan.  After each disbursement, verification must be received by the commissioner and approved before the next repayment disbursement is made.


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(e) If the participant receives a disbursement in the participant's fifth year of eligibility, the participant must provide the commissioner with verification that the full amount of the participant's final loan repayment disbursement was applied toward the designated qualified education loan.  If a participant does not provide the verification as required under this paragraph within six months of receipt of the final disbursement, the commissioner must collect from the participant the amount of the final disbursement.  The commissioner must deposit the money collected in the aviation degree loan forgiveness program account.

 

Subd. 6.  Rules.  The commissioner may adopt rules to implement this section.

 

Sec. 13.  [136A.1794] AGRICULTURAL EDUCATION LOAN FORGIVENESS PROGRAM.

 

Subdivision 1.  Definitions.  (a) For purposes of this section, the terms in this subdivision have the meanings given.

 

(b) "Qualified education loan" means a government, commercial, or foundation loan for actual costs paid for tuition, reasonable education expenses, and reasonable living expenses related to the graduate or undergraduate education of a qualified teacher.

 

(c) "Qualified teacher" means a teacher licensed under chapter 122A who:

 

(1) is employed in a nonadministrative position teaching agricultural education in any grade from grades 5 through 12 at a Minnesota school during the current year; and

 

(2) has completed an undergraduate or graduate program in agricultural education at a college or university approved by the state of Minnesota to prepare persons for teacher licensure.

 

(d) "School" means the following:

 

(1) a school or program operated by a school district or a group of school districts;

 

(2) a tribal contract school eligible to receive aid according to section 124D.83;

 

(3) a charter school; or

 

(4) a private school.

 

Subd. 2.  Account; appropriation.  An agricultural education loan forgiveness account is established in the special revenue fund to provide qualified teachers with financial assistance to repay qualified education loans.  Money in the account, including interest, is appropriated to the commissioner for purposes of this section.

 

Subd. 3.  Eligibility.  (a) To be eligible to participate in the loan forgiveness program under this section, an individual must:

 

(1) be a qualified teacher;

 

(2) have qualified education loans; and

 

(3) submit an application to the commissioner in the form and manner prescribed by the commissioner.


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(b) An applicant selected to participate must sign a contract to agree to serve a minimum one-year full-time service obligation according to subdivision 4.  To complete the service obligation, the applicant must work full time in Minnesota as a qualified teacher.  A participant must complete one year of service under this paragraph for each year the participant receives an award under this section.

 

Subd. 4.  Service obligation.  (a) Before receiving loan repayment disbursements and as requested, a participant must verify to the commissioner that the participant is employed in a position that fulfills the service obligation as required under subdivision 3, paragraph (b).

 

(b) If a participant does not fulfill the required service obligation, the commissioner must collect from the participant the total amount paid to the participant under the loan forgiveness program plus interest at a rate established according to section 270C.40.  The commissioner must deposit the money collected in the agricultural education loan forgiveness account.  The commissioner must allow waivers of all or part of the money owed the commissioner as a result of a nonfulfillment penalty if emergency circumstances prevented fulfillment of the minimum service commitment.

 

Subd. 5.  Loan forgiveness.  (a) The commissioner may select eligible applicants each year for participation in the agricultural education loan forgiveness program, within the limits of available funding.  Applicants are responsible for securing their own qualified education loans.

 

(b) The commissioner must make annual disbursements directly to the eligible participant of $3,000 or the balance of the participant's qualified education loans, whichever is less, for each year that the participant meets the eligibility requirements under subdivision 3, up to a maximum of five years.

 

(c) The participant must provide the commissioner with verification that the full amount of the loan repayment disbursement received by the participant has been applied toward the designated qualified education loan.  After each disbursement, verification must be received by the commissioner and approved before the next repayment disbursement is made.

 

Sec. 14.  Minnesota Statutes 2016, section 136A.653, is amended by adding a subdivision to read:

 

Subd. 5.  Regionally accredited institutions in Minnesota.  (a) A regionally accredited postsecondary institution with its primary physical location in Minnesota is exempt from the provisions of sections 136A.61 to 136A.71, including related fees, when it creates new or modifies existing:

 

(1) majors, minors, concentrations, specializations, and areas of emphasis within approved degrees;

 

(2) nondegree programs within approved degrees;

 

(3) underlying curriculum or courses;

 

(4) modes of delivery; and

 

(5) locations.

 

(b) The institution must annually notify the commissioner of the exempt actions listed in paragraph (a) and, upon the commissioner's request, must provide additional information about the action.

 

(c) The institution must notify the commissioner within 60 days of a program closing.


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(d) Nothing in this subdivision exempts an institution from the annual registration and degree approval requirements of sections 136A.61 to 136A.71.

 

Sec. 15.  Minnesota Statutes 2016, section 136A.685, is amended to read:

 

136A.685 PRIVATE INSTITUTIONS; ADJUDICATION OF FRAUD OR MISREPRESENTATION.

 

(a) The office shall not provide may revoke, or deny an application for, registration or degree or name approval to a school if there has been a criminal, civil, or administrative adjudication of fraud or misrepresentation in Minnesota or in another state or jurisdiction against the school or its owner, officers, agents, or sponsoring organization.  If the adjudication was related to a particular academic program, the office may revoke or deny an application for:

 

(1) degree approval for the program only;

 

(2) registration for the school; or

 

(3) name approval for the school.

 

(b) The adjudication of fraud or misrepresentation is sufficient cause for the office to determine that a school:

 

(1) does not qualify for exemption under section 136A.657; or

 

(2) is not approved to grant degrees or to use the term "academy," "college," "institute," or "university" in its name.

 

Sec. 16.  Minnesota Statutes 2016, section 136A.902, subdivision 1, is amended to read:

 

Subdivision 1.  Membership.  The commissioner shall appoint a 12-member 14-member advisory council consisting of:

 

(1) one member representing the University of Minnesota Medical School;

 

(2) one member representing the Mayo Medical School;

 

(3) one member representing the Courage Kenny Rehabilitation Center;

 

(4) one member representing Hennepin County Medical Center;

 

(5) one member who is a neurosurgeon;

 

(6) one member who has a spinal cord injury;

 

(7) one member who is a family member of a person with a spinal cord injury;

 

(8) one member who has a traumatic brain injury;

 

(9) one member who is a veteran who has a spinal cord injury or a traumatic brain injury;

 

(10) one member who is a veteran who has a traumatic brain injury;

 

(11) one member who is a family member of a person with a traumatic brain injury;


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(11) (12) one member who is a physician specializing in the treatment of spinal cord injury representing Gillette Children's Specialty Healthcare; and

 

(12) (13) one member who is a physician specializing in the treatment of traumatic brain injury; and

 

(14) one member representing Gillette Children's Specialty Healthcare.

 

Sec. 17.  [136F.38] WORKFORCE DEVELOPMENT SCHOLARSHIPS.

 

Subdivision 1.  Program established.  The board shall develop a scholarship program to incentivize new students to enter high-demand occupations upon graduation.

 

Subd. 2.  Scholarship awards.  The program shall award scholarships at the beginning of an academic term, in the amount of $2,500, to be distributed evenly between two terms.

 

Subd. 3.  Program eligibility.  (a) Scholarships shall be awarded only to a student eligible for resident tuition, as defined in section 135A.043, who is enrolled in any of the following programs of study or certification:  (1) advanced manufacturing; (2) agriculture; (3) health care services; or (4) information technology.

 

(b) The student must be enrolled for at least nine credits at a two-year college in the Minnesota State Colleges and Universities system.

 

Subd. 4.  Renewal; cap.  A student who has received a scholarship may apply again but total lifetime awards are not to exceed $5,000 per student.  Students may only be awarded a second scholarship upon completion of two academic terms.

 

Subd. 5.  Administration.  (a) The board shall establish an application process and other guidelines for implementing this program.

 

(b) The board shall give preference to students in financial need.

 

Subd. 6.  Report required.  The board must submit an annual report by February 1 of each year about the scholarship awards to the chairs and ranking minority members of the senate and house of representatives committees with jurisdiction over higher education finance and policy.  The first report is due no later than February 1, 2019.  The annual report shall describe the following:

 

(1) the number of students receiving a scholarship at each two-year college during the previous fiscal year;

 

(2) the number of scholarships awarded for each program of study or certification described in subdivision 3, paragraph (a);

 

(3) the number of scholarship recipients who completed a program of study or certification described in subdivision 3, paragraph (a);

 

(4) the number of scholarship recipients who secured employment by their graduation date and those who secured employment within three months of their graduation date;

 

(5) a list of occupations scholarship recipients are entering; and

 

(6) the number of students who were denied a scholarship.

 

EFFECTIVE DATE.  This section is effective July 1, 2018.


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Sec. 18.  [137.45] PROGRAM FOR STUDENTS WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES.

 

Subdivision 1.  Program required.  The Board of Regents of the University of Minnesota is requested to offer an academic program consistent with the requirements of this section for students with intellectual and developmental disabilities at the University of Minnesota-Morris.

 

Subd. 2.  Enrollment and admission.  The program must establish an enrollment goal of at least 15 incoming students per academic year.  The board is requested to establish an application process for the program.  A student who successfully completes the program must be awarded a certificate, diploma, or other appropriate academic credential.

 

Subd. 3.  Curriculum and activities.  (a) The program must provide an inclusive, full-time, two-year residential college experience for students with intellectual and developmental disabilities.  The curriculum must include:

 

(1) core courses that develop life skills, financial literacy, and the ability to live independently;

 

(2) rigorous academic work in a student's chosen field of study; and

 

(3) an internship, apprenticeship, or other skills-based experience to prepare for meaningful employment upon completion of the program.

 

(b) In addition to academic requirements, the program must allow participating students the opportunity to engage fully in campus life.  Program activities must include, but are not limited to:

 

(1) the establishment of on-campus mentoring and peer support communities; and

 

(2) opportunities for personal growth through leadership development and other community engagement activities.

 

(c) The program may tailor its curriculum and activities to highlight academic programs, student and community life experiences, and employment opportunities unique to the campus or the region where the campus is located.

 

Subd. 4.  Reporting.  By January 15 of each year, the board must submit a report on the program to the chairs and ranking minority members of the committees in the house of representatives and the senate with jurisdiction over higher education finance and policy.  The report must include, but need not be limited to, information regarding:

 

(1) the number of students participating in the program;

 

(2) program goals and outcomes; and

 

(3) the success rate of participants.

 

EFFECTIVE DATE.  This section is effective beginning in the 2018-2019 academic year.

 

Sec. 19.  [137.47] FETAL TISSUE RESEARCH.

 

Subdivision 1.  Definitions.  (a) For purposes of this section, the terms in this subdivision have the meanings given them.


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(b) "Aborted fetal tissue" means fetal tissue that is available as a result of an elective abortion.

 

(c) "Fetal tissue" means any body part, organ, or cell of an unborn human child.  Fetal tissue does not include tissue or cells obtained from a placenta, umbilical cord, or amniotic fluid.

 

(d) "Institutional Review Board" or "IRB" means the University of Minnesota's Institutional Review Board, the primary unit responsible for oversight of human subjects research protections.

 

(e) "Fetal Tissue Research Committee" or "FTR" means an oversight committee at the University of Minnesota with the responsibility to oversee, review, and approve or deny research using fetal tissue.

 

(f) "Non-aborted fetal tissue" means fetal tissue that is available as a result of a miscarriage or stillbirth, or fetal tissue from a living unborn child.

 

(g) "Research" means systematic investigation, including development, testing, and evaluation, designed to develop or contribute to generalizable knowledge.  Research does not include a procedure or test administered to a particular patient by a physician for medical purposes.

 

Subd. 2.  Approval by the Fetal Tissue Research Committee.  (a) A researcher at the University of Minnesota must obtain approval from the FTR before conducting research using fetal tissue.  The FTR must consider whether alternatives to fetal tissue would be sufficient for the research.  If the proposed research involves aborted fetal tissue, the researcher must provide a written narrative justifying the use of aborted fetal tissue and discussing whether alternatives to aborted fetal tissue, including non-aborted fetal tissue, can be used.

 

(b) The FTR must submit its decision to the IRB.  The IRB is requested to review the conclusions of the FTR to ensure that all alternatives have been considered.

 

Subd. 3.  Legislative report.  (a) No later than January 15 of each year, the Board of Regents must submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over higher education policy and finance and health and human services policy and finance.  The report must describe:

 

(1) all fetal tissue research proposals submitted to the FTR or IRB, including any written narrative required under subdivision 2;

 

(2) whether the research proposal involved aborted fetal tissue;

 

(3) action by the FTR or IRB on all fetal tissue research proposals, including whether the proposal was approved by the FTR or IRB;

 

(4) a list of all new or ongoing fetal tissue research projects at the university, including:

 

(i) the date that the project was approved by the FTR or IRB;

 

(ii) the source of funding for the project;

 

(iii) the goal or purpose of the project;

 

(iv) whether the fetal tissue used is aborted fetal tissue or non-aborted fetal tissue;

 

(v) the source of the fetal tissue used;


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(vi) references to any publicly available information about the project, such as National Institutes of Health grant award information; and

 

(vii) references to any publications resulting from the project.

 

(b) The report must not include a researcher's name, other identifying information, contact information, or the location of a laboratory or office.

 

Subd. 4.  Education on compliance to applicable laws and policies.  The University of Minnesota is requested to conduct education programs for all students and employees engaged in research on fetal tissue.  Programs are requested to include mandatory comprehensive training on applicable federal and state laws, university policies and procedures, and other professional standards related to the respectful, humane, and ethical treatment of fetal tissue in research.

 

Sec. 20.  Minnesota Statutes 2016, section 148.89, subdivision 5, is amended to read:

 

Subd. 5.  Practice of psychology.  "Practice of psychology" means the observation, description, evaluation, interpretation, or modification of human behavior by the application of psychological principles, methods, or procedures for any reason, including to prevent, eliminate, or manage symptomatic, maladaptive, or undesired behavior and to enhance interpersonal relationships, work, life and developmental adjustment, personal and organizational effectiveness, behavioral health, and mental health.  The practice of psychology includes, but is not limited to, the following services, regardless of whether the provider receives payment for the services:

 

(1) psychological research and teaching of psychology subject to the exemptions in section 148.9075;

 

(2) assessment, including psychological testing and other means of evaluating personal characteristics such as intelligence, personality, abilities, interests, aptitudes, and neuropsychological functioning;

 

(3) a psychological report, whether written or oral, including testimony of a provider as an expert witness, concerning the characteristics of an individual or entity;

 

(4) psychotherapy, including but not limited to, categories such as behavioral, cognitive, emotive, systems, psychophysiological, or insight-oriented therapies; counseling; hypnosis; and diagnosis and treatment of:

 

(i) mental and emotional disorder or disability;

 

(ii) alcohol and substance dependence or abuse;

 

(iii) disorders of habit or conduct;

 

(iv) the psychological aspects of physical illness or condition, accident, injury, or disability, including the psychological impact of medications;

 

(v) life adjustment issues, including work-related and bereavement issues; and

 

(vi) child, family, or relationship issues;

 

(5) psychoeducational services and treatment; and

 

(6) consultation and supervision.


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Sec. 21.  [148.9075] LICENSURE EXEMPTIONS.

 

Subdivision 1.  Teaching and research.  Nothing in sections 148.88 to 148.98 shall be construed to prevent a person employed in a secondary, postsecondary, or graduate institution from teaching and conducting research in psychology within an educational institution that is recognized by a regional accrediting organization or by a federal, state, county, or local government institution, agency, or research facility, so long as:

 

(1) the institution, agency, or facility provides appropriate oversight mechanisms to ensure public protections; and

 

(2) the person is not providing direct clinical services to a client or clients as defined in sections 148.88 to 148.98.

 

Subd. 2.  Students.  Nothing in sections 148.88 to 148.98 shall prohibit the practice of psychology under qualified supervision by a practicum psychology student, a predoctoral psychology intern, or an individual who has earned a doctoral degree in psychology and is in the process of completing their postdoctoral supervised psychological employment.

 

Sec. 22.  [298.2215] COUNTY SCHOLARSHIP PROGRAM.

 

Subdivision 1.  Establishment.  A county may establish a scholarship fund from any unencumbered revenue received pursuant to section 298.018, 298.28, 298.39, 298.396, or 298.405 or any law imposing a tax upon severed mineral values.  Scholarships must be used at a two-year Minnesota State Colleges and Universities institution within the county.  The county shall establish procedures for applying for and distributing the scholarships.

 

Subd. 2.  Eligibility.  An applicant for a scholarship under this section must be a resident of the county at the time of the applicant's high school graduation.  The county may establish additional eligibility criteria.

 

Sec. 23.  Laws 2014, chapter 312, article 1, section 15, is amended to read:

 

Sec. 15.  UNIVERSITY OF MINNESOTA BASE ADJUSTMENT.

 

(a) For fiscal years 2016 to 2041 2017, $3,500,000 is added to the base operations and maintenance appropriation to the Board of Regents of the University of Minnesota in Laws 2013, chapter 99, article 1, section 5.

 

(b) For fiscal years 2018 to 2040, $3,312,000 is added to the base operations and maintenance appropriation to the Board of Regents of the University of Minnesota in Laws 2013, chapter 99, article 1, section 5.

 

Sec. 24.  SUPPLEMENTAL AID FOR TWO-YEAR MNSCU INSTITUTIONS.

 

The Board of Trustees of the Minnesota State Colleges and Universities shall provide supplemental aid for operations and maintenance to the president of each two-year institution in the system with at least one campus that is not located in a metropolitan county, as defined in Minnesota Statutes, section 473.121, subdivision 4.  The board shall transfer $100,000 for each campus not located in a metropolitan county in each year to the president of each institution that includes such a campus, provided that no institution may receive more than $300,000 in total supplemental aid each year.

 

Sec. 25.  DEVELOPMENTAL EDUCATION REFORM.

 

(a) The Board of Trustees of the Minnesota State Colleges and Universities shall create a plan to reform developmental education offerings on system campuses aimed at reducing the number of students placed into developmental education.  The plan must include, but is not limited to:


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(1) a systemwide multiple measures placement plan to guide campuses in placement of students into developmental education courses;

 

(2) uniform cut scores for student placement, where appropriate, which will lead to fewer students being placed into developmental education courses;

 

(3) other identified system policy changes, including an appeals process, that will decrease the number of students being placed into developmental education courses;

 

(4) accelerated pathways in mathematics, reading, and composition to ensure students can complete developmental education work in no more than one year, including allowing for students to complete college-level gateway courses in one year whenever possible;

 

(5) a comprehensive examination of the cost structure of developmental education, including potential financial incentives for students or other mechanisms to lower the cost of developmental offerings for students; and

 

(6) identified best practices and targeted support strategies such as the use of supplemental instruction, that may be used on every system campus around developmental education offerings.

 

(b) The plan must include deadlines for implementation of proposed changes and must be submitted to the chairs and ranking minority members of the legislative committees with jurisdiction over higher education finance and policy by February 15, 2018.

 

(c) The plan, in its entirety, shall be implemented by the start of the 2020-2021 academic term, with individual provisions being implemented earlier as dictated by the plan.

 

Sec. 26.  GREATER MINNESOTA OUTREACH AND RECRUITMENT.

 

The Board of Regents of the University of Minnesota is requested to develop a plan to conduct outreach and recruitment of students from Minnesota, specifically identifying mechanisms to increase the number of students from greater Minnesota who are admitted to the university campus located in the metropolitan area.  Greater Minnesota is defined as any area other than the area described in Minnesota Statutes, section 473.121, subdivision 4.  The plan must be submitted to the chairs and ranking members of the senate and house of representatives legislative committees with jurisdiction over higher education finance and policy by February 15, 2018.

 

Sec. 27.  UNIVERSITY OF MINNESOTA FETAL TISSUE RESEARCH; LEGISLATIVE AUDITOR REVIEW.

 

(a) The legislative auditor is requested to complete a comprehensive review of the use of fetal tissue in research activities at the University of Minnesota.  The review must include:

 

(1) the total number of research activities in which fetal tissue is currently or has been previously used, including those that are in progress and those that have been completed;

 

(2) the cost of acquiring fetal tissues for use in research activities, itemized by the source of funds used for procurement, including funds from federal, state, and other public sources, and funds derived from student tuition and fees;

 

(3) the extent to which the conduct of the research activities complies with applicable federal and state laws related to acquisition, sale, handling, and disposition of human tissues, including fetal tissues;


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(4) the extent to which the conduct of the research activities complies with applicable Board of Regents policies and procedures related to acquisition, sale, handling, and disposition of human tissues, including fetal tissues; and

 

(5) whether applicable Board of Regents policies include provisions to ensure fetal tissue is used in research activities only when necessary, and to ensure that the research activities are conducted in an ethical manner, including whether procedures and protocols for oversight have been implemented to verify compliance with these policies.

 

(b) As used in this section, "research activities" include any academic fetal tissue research or fetal tissue transplantation research activity or program conducted in a University of Minnesota facility, or that is supported, directly or indirectly, by University of Minnesota funds.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.  The legislative auditor is requested to complete the review no later than one year following final enactment.

 

Sec. 28.  ONGOING APPROPRIATION.

 

The appropriation under Laws 2016, chapter 189, article 25, section 62, subdivision 11, may be used to provide grants for any purpose under Minnesota Statutes, section 136A.1275.

 

ARTICLE 3

OFFICE OF HIGHER EDUCATION AGENCY POLICY

 

Section 1.  Minnesota Statutes 2016, section 135A.15, subdivision 1a, is amended to read:

 

Subd. 1a.  Sexual assault definition.  For the purposes of this section, "sexual assault" means forcible sex offenses rape, sex offenses - fondling, sex offenses - incest, or sex offenses - statutory rape as defined in Code of Federal Regulations, title 34, part 668, subpart D, appendix A, as amended.

 

Sec. 2.  Minnesota Statutes 2016, section 136A.103, is amended to read:

 

136A.103 INSTITUTION ELIGIBILITY REQUIREMENTS.

 

(a) A postsecondary institution is eligible for state student aid under chapter 136A and sections 197.791 and 299A.45, if the institution is located in this state and:

 

(1) is operated by this state or the Board of Regents of the University of Minnesota; or

 

(2) is operated privately and, as determined by the office, meets the requirements of paragraph (b).

 

(b) A private institution must:

 

(1) maintain academic standards substantially equivalent to those of comparable institutions operated in this state;

 

(2) be licensed or registered as a postsecondary institution by the office; and

 

(3)(i) by July 1, 2010, participate in the federal Pell Grant program under Title IV of the Higher Education Act of 1965, Public Law 89-329, as amended; or


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(ii) if an institution was participating in state student aid programs as of June 30, 2010, and the institution did not participate in the federal Pell Grant program by June 30, 2010, the institution must require every student who enrolls to sign a disclosure form, provided by the office, stating that the institution is not participating in the federal Pell Grant program.

 

(c) An institution that offers only graduate-level degrees or graduate-level nondegree programs, or that offers only degrees or programs that do not meet the required minimum program length to participate in the federal Pell Grant program, is an eligible institution if the institution is licensed or registered as a postsecondary institution by the office.

 

(d) An eligible institution under paragraph (b), clause (3), item (ii), that changes ownership as defined in section 136A.63, subdivision 2, must participate in the federal Pell Grant program within four calendar years of the first ownership change to continue eligibility.

 

(e) An institution that loses its eligibility for the federal Pell Grant program is not an eligible institution.

 

(f) An institution must maintain adequate administrative and financial standards and compliance with all state statutes, rules, and administrative policies related to state financial aid programs.

 

Sec. 3.  Minnesota Statutes 2016, section 136A.1795, subdivision 4, is amended to read:

 

Subd. 4.  Loan forgiveness.  (a) The commissioner may select a maximum of five applicants each year for participation in the loan forgiveness program, within the limits of available funding.  Applicants are responsible for securing their own qualified educational loans.

 

(b) The commissioner must select participants based on their suitability for practice serving the designated rural area, as indicated by experience or training.  The commissioner must give preference to applicants closest to completing their training.

 

(c) The commissioner must make annual disbursements directly to the participant of $15,000 or the balance of the participant's qualifying educational loans, whichever is less, for each year that a participant meets the service obligation required under subdivision 3, paragraph (b), up to a maximum of five years.

 

(d) Before receiving loan repayment disbursements and as requested, the participant must complete and return to the commissioner an affidavit a confirmation of practice form provided by the commissioner verifying that the participant is practicing as required under subdivision 2, paragraph (a).  The participant must provide the commissioner with verification that the full amount of loan repayment disbursement received by the participant has been applied toward the designated loans.  After each disbursement, verification must be received by the commissioner and approved before the next loan repayment disbursement is made.

 

(e) Participants who move their practice remain eligible for loan repayment as long as they practice as required under subdivision 2, paragraph (a).

 

Sec. 4.  Minnesota Statutes 2016, section 136A.62, is amended by adding a subdivision to read:

 

Subd. 8.  Entity.  "Entity" means a specific school or campus location.

 

Sec. 5.  Minnesota Statutes 2016, section 136A.646, is amended to read:

 

136A.646 ADDITIONAL SECURITY.

 

(a) In the event New schools that have been granted conditional approval for degrees or names to allow them the opportunity to apply for and receive accreditation under section 136A.65, subdivision 7, or any registered institution that is notified by the United States Department of Education that it has fallen below minimum financial standards


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and that its continued participation in Title IV will be conditioned upon its satisfying either the Zone Alternative, Code of Federal Regulations, title 34, section 668.175, paragraph (f), or a Letter of Credit Alternative, Code of Federal Regulations, title 34, section 668.175, paragraph (c), the institution shall provide a surety bond conditioned upon the faithful performance of all contracts and agreements with students in a sum equal to the "letter of credit" required by the United States Department of Education in the Letter of Credit Alternative, but in no event shall such bond be less than $10,000 nor more than $250,000.

 

(b) In lieu of a bond, the applicant may deposit with the commissioner of management and budget:

 

(1) a sum equal to the amount of the required surety bond in cash; or

 

(2) securities, as may be legally purchased by savings banks or for trust funds, in an aggregate market value equal to the amount of the required surety bond.; or

 

(3) an irrevocable letter of credit issued by a financial institution to the amount of the required surety bond.

 

(c) The surety of any bond may cancel it upon giving 60 days' notice in writing to the office and shall be relieved of liability for any breach of condition occurring after the effective date of cancellation.

 

(d) In the event of a school closure, the additional security must first be used to destroy any private educational data under section 13.32 left at a physical campus in Minnesota after all other governmental agencies have recovered or retrieved records under their record retention policies.  Any remaining funds must then be used to reimburse tuition and fee costs to students that were enrolled at the time of the closure or had withdrawn in the previous 120 calendar days but did not graduate.  Priority for refunds will be given to students in the following order:

 

(1) cash payments made by the student or on behalf of a student;

 

(2) private student loans; and

 

(3) Veteran Administration education benefits that are not restored by the Veteran Administration.  If there are additional security funds remaining, the additional security funds may be used to cover any administrative costs incurred by the office related to the closure of the school.

 

Sec. 6.  Minnesota Statutes 2016, section 136A.65, subdivision 1a, is amended to read:

 

Subd. 1a.  Accreditation; requirement.  (a) A school must not be registered or authorized to offer any degree at any level unless the school is accredited has institutional accreditation by an agency recognized by the United States Department of Education for purposes of eligibility to participate in Title IV federal financial aid programs.  Any registered school undergoing institutional accreditation shall inform the office of site visits by the accrediting agency and provide office staff the opportunity to attend the visits, including excluding any exit interviews.  The institution must provide the office with a copy of the final report upon receipt request of the office.

 

(b) A school must not be authorized to offer any degree unless the program has programmatic accreditation or the school has institutional accreditation by an agency recognized by the United States Department of Education for purposes of eligibility to participate in Title IV federal financial aid programs.  Any program offered by a registered school that does not have institutional accreditation and is undergoing programmatic accreditation shall inform the office of site visits by the accrediting agency and provide office staff the opportunity to attend the visits, excluding any exit interviews.  The school must provide the office with a copy of the final report by the accreditor upon request of the office.


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Sec. 7.  Minnesota Statutes 2016, section 136A.65, subdivision 4, is amended to read:

 

Subd. 4.  Criteria for approval.  (a) A school applying to be registered and to have its degree or degrees and name approved must substantially meet the following criteria:

 

(1) the school has an organizational framework with administrative and teaching personnel to provide the educational programs offered;

 

(2) the school has financial resources sufficient to meet the school's financial obligations, including refunding tuition and other charges consistent with its stated policy if the institution is dissolved, or if claims for refunds are made, to provide service to the students as promised, and to provide educational programs leading to degrees as offered;

 

(3) the school operates in conformity with generally accepted budgeting and accounting principles according to the type of school;

 

(4) the school provides an educational program leading to the degree it offers;

 

(5) the school provides appropriate and accessible library, laboratory, and other physical facilities to support the educational program offered;

 

(6) the school has a policy on freedom or limitation of expression and inquiry for faculty and students which is published or available on request;

 

(7) the school uses only publications and advertisements which are truthful and do not give any false, fraudulent, deceptive, inaccurate, or misleading impressions about the school, its personnel, programs, services, or occupational opportunities for its graduates for promotion and student recruitment;

 

(8) the school's compensated recruiting agents who are operating in Minnesota identify themselves as agents of the school when talking to or corresponding with students and prospective students;

 

(9) the school provides information to students and prospective students concerning:

 

(i) comprehensive and accurate policies relating to student admission, evaluation, suspension, and dismissal;

 

(ii) clear and accurate policies relating to granting credit for prior education, training, and experience and for courses offered by the school;

 

(iii) current schedules of fees, charges for tuition, required supplies, student activities, housing, and all other standard charges;

 

(iv) policies regarding refunds and adjustments for withdrawal or modification of enrollment status; and

 

(v) procedures and standards used for selection of recipients and the terms of payment and repayment for any financial aid program; and

 

(10) the school must not withhold a student's official transcript because the student is in arrears or in default on any loan issued by the school to the student if the loan qualifies as an institutional loan under United States Code, title 11, section 523(a)(8)(b).

 

(b) An application for degree approval must also include:


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(i) title of degree and formal recognition awarded;

 

(ii) location where such degree will be offered;

 

(iii) proposed implementation date of the degree;

 

(iv) admissions requirements for the degree;

 

(v) length of the degree;

 

(vi) projected enrollment for a period of five years;

 

(vii) the curriculum required for the degree, including course syllabi or outlines;

 

(viii) statement of academic and administrative mechanisms planned for monitoring the quality of the proposed degree;

 

(ix) statement of satisfaction of professional licensure criteria, if applicable;

 

(x) documentation of the availability of clinical, internship, externship, or practicum sites, if applicable; and

 

(xi) statement of how the degree fulfills the institution's mission and goals, complements existing degrees, and contributes to the school's viability.

 

Sec. 8.  Minnesota Statutes 2016, section 136A.65, subdivision 7, is amended to read:

 

Subd. 7.  Conditional approval.  (a) The office may grant a school a one-year conditional approval for a degree or use of a term in its name for a period of less than one year if doing so would be in the best interests of currently enrolled students or prospective students.  Conditional approval of a degree or use of a term under this paragraph must not exceed a period of three years.

 

(b) The office may grant new schools may be granted and programs a one-year conditional approval for degrees or names annually for a period not to exceed five years use of a term in its name to allow them the school the opportunity to apply for and receive accreditation as required in subdivision 1a.  Conditional approval of a school or program under this paragraph must not exceed a period of five years.  A new school or program granted conditional approval may be allowed to continue as a registered institution in order to complete an accreditation process upon terms and conditions the office determines.

 

(c) The office may grant a registered school a one-year conditional approval for degrees or use of a term in its name to allow the school the opportunity to apply for and receive accreditation as required in subdivision 1a if the school's accrediting agency is no longer recognized by the United States Department of Education for purposes of eligibility to participate in Title IV federal financial aid programs.  The office must not grant conditional approvals under this paragraph to a school for a period of more than five years.

 

(d) The office may grant a registered school a one-year conditional approval for degrees or use of a term in its name to allow the school to change to a different accrediting agency recognized by the United States Department of Education for purposes of eligibility to participate in Title IV federal financial aid programs.  The office must not grant conditional approvals under this paragraph to a school for a period of more than five years.


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Sec. 9.  Minnesota Statutes 2016, section 136A.653, is amended to read:

 

136A.653 EXEMPTIONS.

 

Subdivision 1.  Application.  A school that seeks an exemption under this section from the provisions of sections 136A.61 to 136A.71 must apply to the office to establish that the school meets the requirements of an exemption.  An exemption expires two years from the date of approval or until a school adds a new program or makes a modification equal to or greater than 25 percent to an existing educational program.  If a school is reapplying for an exemption, the application must be submitted to the office 90 days before the current exemption expires.

 

Subdivision 1.  Subd. 1a.  Exemption Private career schools.  A school that is subject to licensing by the office under sections 136A.82 to 136A.834 is exempt from the provisions of sections 136A.61 to 136A.71.  The determination of the office as to whether a particular school is subject to regulation under sections 136A.82 to 136A.834 is final for the purposes of this exemption.

 

Subd. 2.  Educational program; nonprofit organizations.  Educational programs which are sponsored by a bona fide and nonprofit trade, labor, business, professional or fraternal organization, which programs are conducted solely for that organization's membership or for the members of the particular industries or professions served by that organization, and which are not available to the public on a fee basis, are exempted from the provisions of sections 136A.61 to 136A.71.

 

Subd. 3.  Educational program; business firms.  Educational programs which are sponsored by a business firm for the training of its employees or the employees of other business firms with which it has contracted to provide educational services at no cost to the employees are exempted from the provisions of sections 136A.61 to 136A.71.

 

Subd. 3a.  Tuition-free educational courses.  A school, including a school using an online platform service, offering training, courses, or programs is exempt from sections 136A.61 to 136A.71, to the extent it offers tuition‑free courses to students in Minnesota.  A course will be considered tuition-free if the school charges no tuition and the required fees and other required charges paid by the student for the course tuition, fees, and any other charges for a student to participate do not exceed two percent of the most recent average undergraduate tuition and required fees as of January 1 of the current year charged for full-time students at all degree-granting institutions as published annually by the United States Department of Education as of January 1 of each year.  To qualify for an exemption, a school or online platform service must prominently display a notice comparable to the following:  "IMPORTANT:  Each educational institution makes its own decision regarding whether to accept completed coursework for credit.  Check with your university or college."

 

Subd. 4.  Voluntary submission.  Any school or program exempted from the provisions of sections 136A.61 to 136A.71 by the provisions of this section may voluntarily submit to the provisions of those sections.

 

Sec. 10.  Minnesota Statutes 2016, section 136A.657, is amended by adding a subdivision to read:

 

Subd. 5.  Application.  A school that seeks an exemption under this section from the provisions of sections 136A.61 to 136A.71 must apply to the office to establish that the school meets the requirements of an exemption.  An exemption expires two years from the date of approval or when a school adds a new program or makes a modification equal to or greater than 25 percent to an existing educational program.  If a school is reapplying for an exemption, the application must be submitted to the office 90 days before the current exemption expires.

 

Sec. 11.  Minnesota Statutes 2016, section 136A.67, is amended to read:

 

136A.67 REGISTRATION REPRESENTATIONS.

 

No school and none of its officials or employees shall advertise or represent in any manner that such school is approved or accredited by the office or the state of Minnesota, except a school which is duly registered with the office, or any of its officials or employees, may represent in advertising and shall disclose in catalogues,


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applications, and enrollment materials that the school is registered with the office by prominently displaying the following statement:  "(Name of school) is registered with the office Minnesota Office of Higher Education pursuant to sections 136A.61 to 136A.71.  Registration is not an endorsement of the institution.  Credits earned at the institution may not transfer to all other institutions."  In addition, all registered schools shall publish in the school catalog or student handbook the name, street address, telephone number, and Web site address of the office.

 

Sec. 12.  [136A.672] STUDENT COMPLAINTS.

 

Subdivision 1.  Authority.  The office has the authority to review and take appropriate action on student complaints from schools covered under the provisions of sections 136A.61 to 136A.71.

 

Subd. 2.  Complaint.  A complaint must be in writing, be signed by a student, and state how the school's policies and procedures or sections 136A.61 to 136A.71 were violated.  Student complaints shall be limited to complaints that occurred within six years from the date the concern should have been discovered with reasonable effort and after the student has utilized the school's internal complaint process.  Students do not have to utilize a school's internal complaint process before the office has authority when the student is alleging fraud or misrepresentation.  The office shall not investigate grade disputes, student conduct proceedings, disability accommodation requests, and discrimination claims, including Title IX complaints.

 

Subd. 3.  Investigation.  The office shall initiate an investigation upon receipt of a complaint within the authority of subdivision 2.  A school involved in an investigation shall be informed of the alleged violations and the processes of the investigation.  A school involved in an investigation shall respond to the alleged violations and provide requested documentation to the office.  Upon completing an investigation, the office shall inform the school and the student of the investigation outcome.

 

Subd. 4.  Penalties.  If violations are found, the office may require remedial action by the school or assign a penalty under section 136A.705.  Remedial action may include student notification of violations, adjustments to the school's policies and procedures, and tuition or fee refunds to impacted students.

 

Subd. 5.  Appeals.  Any order requiring remedial action by the school or assigning a penalty under section 136A.705 is appealable in accordance with chapter 14.  The request for an appeal must be made in writing to the office within 30 days of the date the school is notified of the action of the office.  The court shall award costs and reasonable attorney fees in a contested chapter 14 hearing to the office if:  (1) the office substantially prevails on the merits in an action brought under this section; and (2) the school has a net income from student tuition, fees, and other required institutional charges collected from the last fiscal year of $1,000,000 or greater.

 

Sec. 13.  Minnesota Statutes 2016, section 136A.68, is amended to read:

 

136A.68 RECORDS.

 

A registered school shall maintain a permanent record for each student for 50 years from the last date of the student's attendance.  A registered school offering distance instruction to a student located in Minnesota shall maintain a permanent record for each Minnesota student for 50 years from the last date of the student's attendance.  Records include a student's academic transcript, documents, and files containing student data about academic credits earned, courses completed, grades awarded, degrees awarded, and periods of attendance.  To preserve permanent records, a school shall submit a plan that meets the following requirements:

 

(1) at least one copy of the records must be held in a secure, fireproof depository or duplicate records must be maintained off site in a secure location and in a manner approved by the office;

 

(2) an appropriate official must be designated to provide a student with copies of records or a transcript upon request;


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(3) an alternative method approved by the office of complying with clauses (1) and (2) must be established if the school ceases to exist; and

 

(4) if the school has no binding agreement approved by the office for preserving student records, a continuous surety bond or an irrevocable letter of credit issued by a financial institution must be filed with the office in an amount not to exceed $20,000.  The bond or irrevocable letter of credit shall run to the state of Minnesota.  In the event of a school closure, the surety bond or irrevocable letter of credit must be used by the office to retrieve, recover, maintain, digitize, and destroy academic records.

 

Sec. 14.  Minnesota Statutes 2016, section 136A.821, is amended by adding a subdivision to read:

 

Subd. 13.  Compliance audit.  "Compliance audit" means an audit of a school's compliance with federal requirements related to its participation in federal Title IV student aid programs or other federal grant programs performed under either Uniform Grant Guidance, including predecessor Federal Circular A-133, or the United States Department of Education's audit guide, Audits of Federal Student Financial Assistance Programs at Participating Institutions and Institution Servicers.

 

Sec. 15.  Minnesota Statutes 2016, section 136A.821, is amended by adding a subdivision to read:

 

Subd. 14.  Entity.  "Entity" means a specific school or campus location.

 

Sec. 16.  Minnesota Statutes 2016, section 136A.821, is amended by adding a subdivision to read:

 

Subd. 15.  Higher-level entity.  "Higher-level entity" means a corporate parent or ultimate parent company or, in the case of a public school, the larger public system of which an entity is a part.

 

Sec. 17.  Minnesota Statutes 2016, section 136A.821, is amended by adding a subdivision to read:

 

Subd. 16.  Audited financial statements.  "Audited financial statements" means the financial statements of an entity or higher-level entity that have been examined by a certified public accountant or an equivalent government agency for public entities that include (1) an auditor's report, a statement of financial position, an income statement, a statement of cash flows, and notes to the financial statements or (2) the required equivalents for public entities as determined by the Financial Accounting Standards Board, the Governmental Accounting Standards Board, or the Securities and Exchange Commission.

 

Sec. 18.  Minnesota Statutes 2016, section 136A.821, is amended by adding a subdivision to read:

 

Subd. 17.  Review-level engagement.  "Review-level engagement" means a service performed by a certified public accountant that provides limited assurance that there are no material modifications that need to be made to an entity's financial statements in order for them to conform to generally accepted accounting principles.  Review-level engagement provides fewer assurances than those reported under audited financial statements.

 

Sec. 19.  Minnesota Statutes 2016, section 136A.822, subdivision 4, is amended to read:

 

Subd. 4.  Application.  Application for a license shall be on forms prepared and furnished by the office, and shall include the following and other information as the office may require:

 

(1) the title or name of the private career school, ownership and controlling officers, members, managing employees, and director;

 

(2) the specific programs which will be offered and the specific purposes of the instruction;


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(3) the place or places where the instruction will be given;

 

(4) a listing of the equipment available for instruction in each program;

 

(5) the maximum enrollment to be accommodated with equipment available in each specified program;

 

(6) the qualifications of instructors and supervisors in each specified program;

 

(7) financial documents related to the entity's and higher-level entity's most recently completed fiscal year:

 

(i) annual gross revenues from all sources;

 

(ii) financial statements subjected to a review level engagement or, if requested by the office, audited financial statements;

 

(iii) a school's most recent compliance audit, if applicable; and

 

(iv) a current balance sheet, income statement, and adequate supporting documentation, prepared and certified by an independent public accountant or CPA;

 

(8) copies of all media advertising and promotional literature and brochures or electronic display currently used or reasonably expected to be used by the private career school;

 

(9) copies of all Minnesota enrollment agreement forms and contract forms and all enrollment agreement forms and contract forms used in Minnesota; and

 

(10) gross income earned in the preceding year from student tuition, fees, and other required institutional charges, unless the private career school files with the office a surety bond equal to at least $250,000 as described in subdivision 6.

 

Sec. 20.  Minnesota Statutes 2016, section 136A.822, subdivision 6, is amended to read:

 

Subd. 6.  Bond.  (a) No license shall be issued to any private career school which maintains, conducts, solicits for, or advertises within the state of Minnesota any program, unless the applicant files with the office a continuous corporate surety bond written by a company authorized to do business in Minnesota conditioned upon the faithful performance of all contracts and agreements with students made by the applicant.

 

(b)(1) The amount of the surety bond shall be ten percent of the preceding year's gross net income from student tuition, fees, and other required institutional charges collected, but in no event less than $10,000 nor greater than $250,000, except that a private career school may deposit a greater amount at its own discretion.  A private career school in each annual application for licensure must compute the amount of the surety bond and verify that the amount of the surety bond complies with this subdivision, unless the private career school maintains a surety bond equal to at least $250,000.  A private career school that operates at two or more locations may combine gross net income from student tuition, fees, and other required institutional charges collected for all locations for the purpose of determining the annual surety bond requirement.  The gross net tuition and fees used to determine the amount of the surety bond required for a private career school having a license for the sole purpose of recruiting students in Minnesota shall be only that paid to the private career school by the students recruited from Minnesota.


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(2) A person required to obtain a private career school license due to the use of "academy," "institute," "college," or "university" in its name and which is also licensed by another state agency or board, except not including those schools licensed exclusively in order to participate in state grants or SELF loan financial aid programs, shall be required to provide a school bond of $10,000.

 

(c) The bond shall run to the state of Minnesota and to any person who may have a cause of action against the applicant arising at any time after the bond is filed and before it is canceled for breach of any contract or agreement made by the applicant with any student.  The aggregate liability of the surety for all breaches of the conditions of the bond shall not exceed the principal sum deposited by the private career school under paragraph (b).  The surety of any bond may cancel it upon giving 60 days' notice in writing to the office and shall be relieved of liability for any breach of condition occurring after the effective date of cancellation.

 

(d) In lieu of bond, the applicant may deposit with the commissioner of management and budget a sum equal to the amount of the required surety bond in cash, an irrevocable letter of credit issued by a financial institution equal to the amount of the required surety bond, or securities as may be legally purchased by savings banks or for trust funds in an aggregate market value equal to the amount of the required surety bond.

 

(e) Failure of a private career school to post and maintain the required surety bond or deposit under paragraph (d) shall may result in denial, suspension, or revocation of the school's license.

 

Sec. 21.  Minnesota Statutes 2016, section 136A.822, subdivision 12, is amended to read:

 

Subd. 12.  Permanent records.  A private career school licensed under sections 136A.82 to 136A.834 and located in Minnesota shall maintain a permanent record for each student for 50 years from the last date of the student's attendance.  A private career school licensed under this chapter and offering distance instruction to a student located in Minnesota shall maintain a permanent record for each Minnesota student for 50 years from the last date of the student's attendance.  Records include school transcripts, documents, and files containing student data about academic credits earned, courses completed, grades awarded, degrees awarded, and periods of attendance.  To preserve permanent records, a private career school shall submit a plan that meets the following requirements:

 

(1) at least one copy of the records must be held in a secure, fireproof depository;

 

(2) an appropriate official must be designated to provide a student with copies of records or a transcript upon request;

 

(3) an alternative method, approved by the office, of complying with clauses (1) and (2) must be established if the private career school ceases to exist; and

 

(4) a continuous surety bond or irrevocable letter of credit issued by a financial institution must be filed with the office in an amount not to exceed $20,000 if the private career school has no binding agreement approved by the office, for preserving student records.  The bond or irrevocable letter of credit shall run to the state of Minnesota.  In the event of a school closure, the surety bond or irrevocable letter of credit must be used by the office to retrieve, recover, maintain, digitize, and destroy academic records.

 

Sec. 22.  Minnesota Statutes 2016, section 136A.822, subdivision 13, is amended to read:

 

Subd. 13.  Private career schools licensed by another state agency or board.  A private career school required to obtain a private career school license due to the use of "academy," "institute," "college," or "university" in its name or licensed for the purpose of participating in state financial aid under chapter 136A, and which is also licensed by another state agency or board shall be required to satisfy only the requirements of subdivisions 4, clauses


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(1), (2), (3), (5), (7), (8), and (10); 5; 6, paragraph (b), clause (2); 8, clauses (1), (4), (7), (8), and (9); 9; 10, clause (13); and 12.  If a school is licensed to participate in state financial aid under this chapter, the school must follow the refund policy in section 136A.827, even if that section conflicts with the refund policy of the licensing agency or board.  A distance education private career school located in another state, or a school licensed to recruit Minnesota residents for attendance at a school outside of this state, or a school licensed by another state agency as its primary licensing body, may continue to use the school's name as permitted by its home state or its primary licensing body.

 

Sec. 23.  Minnesota Statutes 2016, section 136A.826, subdivision 2, is amended to read:

 

Subd. 2.  Contract information.  A contract or enrollment agreement used by a private career school must include at least the following:

 

(1) the name and address of the private career school, clearly stated;

 

(2) a clear and conspicuous disclosure that the agreement is a legally binding instrument upon written acceptance of the student by the private career school unless canceled under section 136A.827;

 

(3) the private career school's cancellation and refund policy that shall be clearly and conspicuously entitled "Buyer's Right to Cancel";

 

(4) a clear statement of total cost of the program including tuition and all other charges;

 

(5) the name and description of the program, including the number of hours or credits of classroom instruction, or distance instruction, that shall be included; and

 

(6) a clear and conspicuous explanation of the form and means of notice the student should use in the event the student elects to cancel the contract or sale, the effective date of cancellation, and the name and address, e­mail address, or phone number of the seller to which the notice should be sent or delivered.

 

The contract or enrollment agreement must not include a wage assignment provision or a confession of judgment clause.

 

Sec. 24.  Minnesota Statutes 2016, section 136A.827, subdivision 2, is amended to read:

 

Subd. 2.  Private career schools using written contracts.  (a) Notwithstanding anything to the contrary, a private career school that uses a written contract or enrollment agreement shall refund all tuition, fees and other charges paid by a student, if the student gives written notice of cancellation within five business days after the day on which the contract was executed regardless of whether the program has started.

 

(b) When a student has been accepted by the private career school and has entered into a contractual agreement with the private career school and gives written notice of cancellation following the fifth business day after the date of execution of contract, but before the start of the program in the case of resident private career schools, or before the first lesson has been serviced by the private career school in the case of distance education private career schools, all tuition, fees and other charges, except 15 percent of the total cost of the program but not to exceed $50, shall be refunded to the student.

 

Sec. 25.  Minnesota Statutes 2016, section 136A.827, subdivision 3, is amended to read:

 

Subd. 3.  Notice; amount.  (a) A private career school shall refund all tuition, fees and other charges paid by a student if the student gives written notice of cancellation within five business days after the day on which the student is accepted by the private career school regardless of whether the program has started.


Journal of the House - 61st Day - Sunday, May 21, 2017 - Top of Page 6619

(b) When a student has been accepted by the private career school and gives written notice of cancellation following the fifth business day after the day of acceptance by the private career school, but before the start of the program, in the case of resident private career schools, or before the first lesson has been serviced by the private career school, in the case of distance education private career schools, all tuition, fees and other charges, except 15 percent of the total cost of the program but not to exceed $50, shall be refunded to the student.

 

Sec. 26.  Minnesota Statutes 2016, section 136A.828, subdivision 3, is amended to read:

 

Subd. 3.  False statements.  (a) A private career school, agent, or solicitor shall not make, or cause to be made, any statement or representation, oral, written or visual, in connection with the offering or publicizing of a program, if the private career school, agent, or solicitor knows or reasonably should have known the statement or representation to be false, fraudulent, deceptive, substantially inaccurate, or misleading.

 

(b) Other than opinion-based statements or puffery, a school shall only make claims that are evidence-based, can be validated, and are based on current conditions and not on conditions that are no longer relevant.

 

(c) A school shall not guarantee or imply the guarantee of employment.

 

(d) A school shall not guarantee or advertise any certain wage or imply earnings greater than the prevailing wage for entry-level wages in the field of study for the geographic area unless advertised wages are based on verifiable wage information from graduates.

 

(e) If placement statistics are used in advertising or other promotional materials, the school must be able to substantiate the statistics with school records.  These records must be made available to the office upon request.  A school is prohibited from reporting the following in placement statistics:

 

(1) a student required to receive a job offer or start a job to be classified as a graduate;

 

(2) a graduate if the graduate held a position before enrolling in the program, unless graduating enabled the graduate to maintain the position or the graduate received a promotion or raise upon graduation;

 

(3) a graduate who works less than 20 hours per week; and

 

(4) a graduate who is not expected to maintain the position for at least 180 days.

 

(f) A school shall not use endorsements, commendations, or recommendations by a student in favor of a school except with the consent of the student and without any offer of financial or other material compensation.  Endorsements may be used only when they portray current conditions.

 

(g) A school may advertise that the school or its programs have been accredited by an accrediting agency recognized by the United States Department of Education or the Council for Higher Education Accreditation, but shall not advertise any other accreditation unless approved by the office.  The office may approve an institution's advertising of accreditation that is not recognized by the United States Department of Education or the Council for Higher Education if that accreditation is industry specific.  Clear distinction must be made when the school is in candidacy or application status versus full accreditation.

 

(h) A school may advertise that financial aid is available, including a listing of the financial aid programs in which the school participates, but federal or state financial aid shall not be used as a primary incentive in advertisement, promotion, or recruitment.


Journal of the House - 61st Day - Sunday, May 21, 2017 - Top of Page 6620

(i) A school may advertise placement or career assistance, if offered, but shall not use the words "wanted," "help wanted," or "trainee," either in the headline or the body of the advertisement.

 

(j) A school shall not be advertised under any "help wanted," "employment," or similar classification.

 

(k) A school shall not falsely claim that it is conducting a talent hunt, contest, or similar test.

 

(l) The commissioner, at any time, may require a retraction of a false, misleading, or deceptive claim.  To the extent reasonable, the retraction must be published in the same manner as the original claim.

 

Sec. 27.  [136A.8295] STUDENT COMPLAINTS.

 

Subdivision 1.  Authority.  The office has the authority to review and take appropriate action on student complaints from schools covered under the provisions of sections 136A.822 to 136A.834.

 

Subd. 2.  Complaint.  A complaint must be in writing, be signed by a student, and state how the school's policies and procedures or sections 136A.822 to 136A.834 were violated.  Student complaints shall be limited to complaints that occurred within six years from the date the concern should have been discovered with reasonable effort and after the student has utilized the school's internal complaint process.  Students do not have to utilize a school's internal complaint process before the office has authority when the student is alleging fraud or misrepresentation.  The office shall not investigate grade disputes, student conduct proceedings, disability accommodation requests, and discrimination claims, including Title IX complaints.

 

Subd. 3.  Investigation.  The office shall initiate an investigation upon receipt of a complaint within the authority of subdivision 2.  A school involved in an investigation shall be informed of the alleged violations and the processes of the investigation.  A school involved in an investigation shall respond to the alleged violations and provide requested documentation to the office.  Upon completion of an investigation, the office shall inform the school and the student of the investigation outcome.

 

Subd. 4.  Penalties.  If violations are found, the office may require remedial action by the school or assign a penalty under section 136A.832.  Remedial action may include student notification of violations, adjustments to the school's policies and procedures, and tuition or fee refunds to impacted students.

 

Subd. 5.  Appeals.  Any order requiring remedial action by the school or assigning a penalty under section 136A.832 is appealable in accordance with chapter 14.  The request for an appeal must be made in writing to the office within 30 days of the date the school is notified of the action of the office.  The court shall award costs and reasonable attorney fees in a contested chapter 14 hearing to the office if:  (1) the office substantially prevails on the merits in an action brought under this section; and (2) the school has a net income from student tuition, fees, and other required institutional charges collected from the last fiscal year of $1,000,000 or greater.

 

Sec. 28.  Minnesota Statutes 2016, section 136A.83, is amended to read:

 

136A.83 INSPECTION.

 

(a) The office or a delegate may inspect the instructional books and records, classrooms, dormitories, tools, equipment and classes of any private career school or applicant for license at any reasonable time.  The office may require the submission of a certified public audit, or if there is no such audit available audited financial statements.  The office or a delegate may inspect the financial books and records of the private career school.  In no event shall such financial information be used by the office to regulate or set the tuition or fees charged by the private career school.


Journal of the House - 61st Day - Sunday, May 21, 2017 - Top of Page 6621

(b) Data obtained from an inspection of the financial records of a private career school or submitted to the office as part of a license application or renewal are nonpublic data as defined in section 13.02, subdivision 9.  Data obtained from inspections may be disclosed to other members of the office, to law enforcement officials, or in connection with a legal or administrative proceeding commenced to enforce a requirement of law.

 

Sec. 29.  Minnesota Statutes 2016, section 136A.833, is amended to read:

 

136A.833 EXEMPTIONS.

 

Subdivision 1.  Application for exemptions.  A school that seeks an exemption from the provisions of sections 136A.822 to 136A.834 must apply to the office to establish that the school meets the requirements of an exemption.  An exemption expires two years from the date of approval or when a school adds a new program or makes a modification equal to or greater than 25 percent to an existing educational program.  If a school is reapplying for an exemption, the application must be submitted to the office 90 days before the current exemption expires.

 

Subd. 2.  Exemption reasons.  Sections 136A.821 to 136A.832 shall not apply to the following:

 

(1) public postsecondary institutions;

 

(2) postsecondary institutions registered under sections 136A.61 to 136A.71;

 

(3) private career schools of nursing accredited by the state Board of Nursing or an equivalent public board of another state or foreign country;

 

(4) private schools complying with the requirements of section 120A.22, subdivision 4;

 

(5) courses taught to students in a valid apprenticeship program taught by or required by a trade union;

 

(6) private career schools exclusively engaged in training physically or mentally disabled persons for the state of Minnesota;

 

(7) private career schools licensed by boards authorized under Minnesota law to issue licenses except private career schools required to obtain a private career school license due to the use of "academy," "institute," "college," or "university" in their names;

 

(8) private career schools and educational programs, or training programs, contracted for by persons, firms, corporations, government agencies, or associations, for the training of their own employees, for which no fee is charged the employee;

 

(9) private career schools engaged exclusively in the teaching of purely avocational, recreational, or remedial subjects as determined by the office except private career schools required to obtain a private career school license due to the use of "academy," "institute," "college," or "university" in their names unless the private career school used "academy" or "institute" in its name prior to August 1, 2008;

 

(10) classes, courses, or programs conducted by a bona fide trade, professional, or fraternal organization, solely for that organization's membership;

 

(11) programs in the fine arts provided by organizations exempt from taxation under section 290.05 and registered with the attorney general under chapter 309.  For the purposes of this clause, "fine arts" means activities resulting in artistic creation or artistic performance of works of the imagination which are engaged in for the primary purpose of creative expression rather than commercial sale or employment.  In making this determination the office may seek the advice and recommendation of the Minnesota Board of the Arts;


Journal of the House - 61st Day - Sunday, May 21, 2017 - Top of Page 6622

(12) classes, courses, or programs intended to fulfill the continuing education requirements for licensure or certification in a profession, that have been approved by a legislatively or judicially established board or agency responsible for regulating the practice of the profession, and that are offered exclusively to an individual practicing the profession;

 

(13) classes, courses, or programs intended to prepare students to sit for undergraduate, graduate, postgraduate, or occupational licensing and occupational entrance examinations;

 

(14) classes, courses, or programs providing 16 or fewer clock hours of instruction that are not part of the curriculum for an occupation or entry level employment except private career schools required to obtain a private career school license due to the use of "academy," "institute," "college," or "university" in their names;

 

(15) classes, courses, or programs providing instruction in personal development, modeling, or acting;

 

(16) training or instructional programs, in which one instructor teaches an individual student, that are not part of the curriculum for an occupation or are not intended to prepare a person for entry level employment;

 

(17) private career schools with no physical presence in Minnesota, as determined by the office, engaged exclusively in offering distance instruction that are located in and regulated by other states or jurisdictions if the distance education instruction does not include internships, externships, field placements, or clinical placements for residents of Minnesota; and

 

(18) private career schools providing exclusively training, instructional programs, or courses where tuition, fees, and any other charges for a student to participate do not exceed $100.

 

Sec. 30.  Minnesota Statutes 2016, section 136A.834, is amended by adding a subdivision to read:

 

Subd. 5.  Application.  A school that seeks an exemption from the provisions of sections 136A.82 to 136A.834 must apply to the office to establish that the school meets the requirements of an exemption.  An exemption expires two years from the date of approval or when a school adds a new program or makes a modification equal to or greater than 25 percent to an existing educational program.  If a school is reapplying for an exemption, the application must be submitted to the office 90 days before the current exemption expires.

 

Sec. 31.  Laws 2015, chapter 69, article 3, section 20, subdivision 10, is amended to read:

 

Subd. 10.  Credit load.  By the end of the first academic year including summer term, a grantee must have accumulated at least the lesser of 30 program credits by the end of the first academic year including summer term or the number of credits that the student's program is scheduled for during the first academic year.  A college must certify that a grantee is carrying sufficient credits in the second grant year to complete the program at the end of the second year, including summer school.  The commissioner shall set the terms and provide the form for certification.

 

EFFECTIVE DATE.  This section is effective the day following final enactment."

 

Delete the title and insert:

 

"A bill for an act relating to higher education; providing funding and policy changes for the Office of Higher Education, the Minnesota State Colleges and Universities, the University of Minnesota, and other related programs; modifying state grant program calculation parameters; requiring reports; authorizing rulemaking; appropriating money; amending Minnesota Statutes 2016, sections 43A.06, subdivision 1; 135A.031, subdivision 7; 135A.15, subdivision 1a; 136A.101, subdivision 5a; 136A.103; 136A.121, subdivision 6; 136A.125, subdivisions 2, 4; 136A.1275; 136A.1795, subdivision 4; 136A.62, by adding a subdivision; 136A.646; 136A.65, subdivisions 1a, 4, 7;


Journal of the House - 61st Day - Sunday, May 21, 2017 - Top of Page 6623

136A.653; 136A.657, by adding a subdivision; 136A.67; 136A.68; 136A.685; 136A.821, by adding subdivisions; 136A.822, subdivisions 4, 6, 12, 13; 136A.826, subdivision 2; 136A.827, subdivisions 2, 3; 136A.828, subdivision 3; 136A.83; 136A.833; 136A.834, by adding a subdivision; 136A.902, subdivision 1; 148.89, subdivision 5; Laws 2014, chapter 312, article 1, section 15; Laws 2015, chapter 69, article 3, section 20, subdivision 10; proposing coding for new law in Minnesota Statutes, chapters 135A; 136A; 136F; 137; 148; 298."

 

 

      We request the adoption of this report and repassage of the bill.

 

      Senate Conferees:  Michelle L. Fischbach, Rich Draheim, Paul Anderson and Scott M. Jensen.

 

      House Conferees:  Bud Nornes, Drew Christensen, Abigail Whelan and Brian Daniels.

 

 

      Hortman was excused between the hours of 5:45 p.m. and 5:55 p.m.

 

 

      Nornes moved that the report of the Conference Committee on S. F. No. 943 be adopted and that the bill be repassed as amended by the Conference Committee. 

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Nornes motion and the roll was called.  There were 77 yeas and 55 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson, P.

Anderson, S.

Anselmo

Backer

Bahr, C.

Baker

Barr, R.

Bennett

Bliss

Christensen

Cornish

Daniels

Davids

Dean, M.

Dettmer

Drazkowski

Erickson

Fabian

Fenton

Franke

Franson

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Hamilton

Heintzeman

Hertaus

Hoppe

Howe

Jessup

Johnson, B.

Jurgens

Kiel

Knoblach

Koznick

Kresha

Layman

Lohmer

Loon

Loonan

Lucero

Lueck

McDonald

Miller

Nash

Neu

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Peterson

Pierson

Poston

Pugh

Quam

Rarick

Runbeck

Schomacker

Scott

Smith

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

West

Whelan

Wills

Zerwas

Spk. Daudt


 

      Those who voted in the negative were:

 


Allen

Applebaum

Becker-Finn

Bernardy

Bly

Carlson, A.

Carlson, L.

Clark

Considine

Davnie

Dehn, R.

Ecklund

Fischer

Flanagan

Freiberg

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Johnson, C.

Johnson, S.

Koegel

Kunesh-Podein

Lee

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

Maye Quade

Metsa

Moran

Murphy, E.

Murphy, M.

Nelson

Olson

Omar

Pelowski

Pinto

Poppe

Pryor

Rosenthal

Sandstede

Sauke

Schultz

Slocum

Sundin

Wagenius

Ward

Youakim


 

 

      The motion prevailed.


Journal of the House - 61st Day - Sunday, May 21, 2017 - Top of Page 6624

S. F. No. 943, A bill for an act relating to higher education; appropriating money for an education debt relief grant; requiring a report.

 

 

      The bill was read for the third time, as amended by Conference, and placed upon its repassage.

 

      The question was taken on the repassage of the bill and the roll was called.  There were 78 yeas and 54 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson, P.

Anderson, S.

Anselmo

Backer

Bahr, C.

Baker

Barr, R.

Bennett

Bliss

Christensen

Cornish

Daniels

Davids

Dean, M.

Dettmer

Drazkowski

Erickson

Fabian

Fenton

Franke

Franson

Garofalo

Green

Grossell

Gruenhagen

Gunther

Haley

Hamilton

Heintzeman

Hertaus

Hoppe

Howe

Jessup

Johnson, B.

Jurgens

Kiel

Knoblach

Koznick

Kresha

Layman

Lohmer

Loon

Loonan

Lucero

Lueck

McDonald

Metsa

Miller

Nash

Neu

Newberger

Nornes

O'Driscoll

O'Neill

Peppin

Petersburg

Peterson

Pierson

Poston

Pugh

Quam

Rarick

Runbeck

Schomacker

Scott

Smith

Swedzinski

Theis

Torkelson

Uglem

Urdahl

Vogel

West

Whelan

Wills

Zerwas

Spk. Daudt


 

      Those who voted in the negative were:

 


Allen

Applebaum

Becker-Finn

Bernardy

Bly

Carlson, A.

Carlson, L.

Clark

Considine

Davnie

Ecklund

Fischer

Flanagan

Freiberg

Halverson

Hansen

Hausman

Hilstrom

Hornstein

Hortman

Johnson, C.

Johnson, S.

Koegel

Kunesh-Podein

Lee

Lesch

Liebling

Lien

Lillie

Loeffler

Mahoney

Mariani

Marquart

Masin

Maye Quade

Moran

Murphy, E.

Murphy, M.

Nelson

Olson

Omar

Pelowski

Pinto

Poppe

Pryor

Rosenthal

Sandstede

Sauke

Schultz

Slocum

Sundin

Wagenius

Ward

Youakim


 

 

      The bill was repassed, as amended by Conference, and its title agreed to.

 

 

      Kresha moved that the House recess subject to the call of the Chair.  The motion prevailed.

 

 

RECESS

 

 

RECONVENED

 

      The House reconvened and was called to order by Speaker pro tempore Albright.


Journal of the House - 61st Day - Sunday, May 21, 2017 - Top of Page 6625

           The following Conference Committee Report was received:

 

 

CONFERENCE COMMITTEE REPORT ON H. F. No. 707

 

A bill for an act relating to state government; appropriating money from outdoor heritage fund, clean water fund, parks and trails fund, and arts and cultural heritage fund; providing for riparian protection aid; modifying requirements for expending money from legacy funds; modifying and extending prior appropriations; requiring reports; amending Minnesota Statutes 2016, sections 16A.127, subdivision 8; 85.53, by adding subdivisions; 97A.056, subdivision 3, by adding subdivisions; 114D.50, subdivision 4, by adding subdivisions; 129D.17, subdivision 4, by adding subdivisions; Laws 2012, chapter 264, article 1, section 2, subdivision 5, as amended; Laws 2015, First Special Session chapter 2, article 1, section 2, subdivision 2, as amended; Laws 2016, chapter 172, article 1, section 2, subdivisions 2, 4; proposing coding for new law in Minnesota Statutes, chapter 477A; repealing Minnesota Statutes 2016, section 97A.056, subdivision 8.

 

May 18, 2017

The Honorable Kurt L. Daudt

Speaker of the House of Representatives

 

The Honorable Michelle L. Fischbach

President of the Senate

 

We, the undersigned conferees for H. F. No. 707 report that we have agreed upon the items in dispute and recommend as follows:

 

That the Senate recede from its amendments and that H. F. No. 707 be further amended as follows:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

OUTDOOR HERITAGE FUND

 

Section 1.  APPROPRIATIONS. 

 

The sums shown in the columns marked "Appropriations" are appropriated to the agencies and for the purposes specified in this article.  The appropriations are from the outdoor heritage fund for the fiscal year indicated for each purpose.  The figures "2018" and "2019" used in this article mean that the appropriations listed under the figure are available for the fiscal year ending June 30, 2018, and June 30, 2019, respectively.  The "first year" is fiscal year 2018.  The "second year" is fiscal year 2019.  The "biennium" is fiscal years 2018 and 2019, respectively.  The appropriations in this article are onetime appropriations.

 

 

 

 

APPROPRIATIONS

 

 

 

Available for the Year

 

 

 

Ending June 30

 

 

 

2018

2019

 

Sec. 2.  OUTDOOR HERITAGE FUND

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

$102,605,000

 

$1,958,000

 

This appropriation is from the outdoor heritage fund.  The amounts that may be spent for each purpose are specified in the following subdivisions.


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Subd. 2.  Prairies

 

29,489,000

 

1,373,000

 

(a) DNR Wildlife Management Area and Scientific and Natural Area Acquisition - Phase IX

 

 

 

 

$3,064,000 the first year and $1,373,000 the second year are to the commissioner of natural resources to acquire in fee and restore lands for wildlife management purposes under Minnesota Statutes, section 86A.05, subdivision 8, and to acquire land in fee for scientific and natural area purposes under Minnesota Statutes, section 86A.05, subdivision 5.  Subject to evaluation criteria in Minnesota Rules, part 6136.0900, priority must be given to acquiring lands that are eligible for the native prairie bank under Minnesota Statutes, section 84.96, or lands adjacent to protected native prairie.  A list of proposed land acquisitions must be provided as part of the required accomplishment plan.

 

(b) Accelerating the Wildlife Management Area Acquisition - Phase IX

 

 

 

 

$5,603,000 the first year is to the commissioner of natural resources for an agreement with Pheasants Forever to acquire in fee and restore lands for wildlife management area purposes under Minnesota Statutes, section 86A.05, subdivision 8.  Subject to evaluation criteria in Minnesota Rules, part 6136.0900, priority must be given to acquiring lands that are eligible for the native prairie bank under Minnesota Statutes, section 84.96, or lands adjacent to protected native prairie.  A list of proposed land acquisitions must be provided as part of the required accomplishment plan.

 

(c) Minnesota Prairie Recovery Project - Phase VII

 

&n